Nehrebecki v. Mull

Opinion by

Me. Justice Eagen,

This is a personal injury and property damage action arising out of an automobile collision. The jury specifically found that the defendant was not guilty of negligence and returned a verdict in his favor. The court en banc below granted a new trial ruling that the verdict was “capricious and against the weight of the evidence and resulted in a miscarriage of justice.” The defendant appeals.

We have repeatedly said that we will not reverse the grant of a new trial, unless there was a clear abuse of discretion, or an error of law which controlled the outcome of the…