Henderson v. Skerczak

Lyle Brown, Justice.

Skerczak sued Henderson for personal injuries arising out of a vehicular collision. The jury found in Henderson’s favor. Twenty-four days after the jury returned its verdict, Skerczak filed a motion for new trial which was granted. Henderson appeals from that order, contending (1) the motion was filed out of time, and (2) there was no showing justifying a finding of unavoidable delay in filing the motion.

With, respect to the issue over the timely filing of the motion, Skerczak contends it was actually filed in time. Skerczak interprets the statute to mean fifteen days…