Garrison v. Metcalf

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Travis D. Garrison appeals the order of the trial court granting the motion to correct error of Charles E. Metcalf and ordering a new trial in the negligence action brought by Garrison against Metcalf.

We affirm.

ISSUES

1. Whether Indiana Trial Rule 58.3 renders the trial court's order a nullity, resulting in the reinstatement of the jury verdict in Garrison's favor.

2. Whether the trial court committed reversible error when it ordered a new trial.

FACTS

On the night of February 28, 2003, on the shoulder between Jerry's Restaurant and East Tenth Street in…