Rains v. Barber

JUSTICE BOATRIGHT delivered the Opinion of the Court.

¶ 1 In this original proceeding, we determine whether the trial court abused its discretion in granting the plaintiffs' motion for a new trial after a jury found that the defendants, two pilots, were not negligent during a near collision that resulted in one plane crashing and killing all five passengers on board. To resolve this issue, we address two underlying questions: first, whether the trial court's stated reasons for granting a new trial met the requirements of C.R.C.P. 59(d), *971and second, if not, whether a trial court may…