Witt v. Akron Express, Inc.

Kline, Presiding Judge.

{¶ 1} Akron Express, Inc. and Scott W. Snyder appeal from the decision of the Gallia County Court of Common Pleas granting Billy R. Witt, his wife Theresa L. Witt, and their children, Billy Jr., Brandon, Jenifer, and Jeremy Witt, a new trial pursuant to Civ.R. 63(B). Because the successor trial judge independently reviewed the record and was satisfied that he was unable to determine whether a new trial would be appropriate under the relevant provisions of Civ.R. 59, we find that the trial court did not abuse its discretion in granting a new trial pursuant to Civ.R.…