Scoggins v. Village of Hartford

Plaintiff petitioned for, and this court granted, leave to appeal from the order of the Circuit Court of Madison County granting defendant a new trial. This is the third appeal in this cause.

In its order allowing defendant’s motion for a new trial, the trial court states that in its opinion plaintiff failed to prove she was in the exercise of due care and caution for her own safety under the circumstances surrounding the occurrence.

The order of the trial court granting a new trial should not be set aside unless it affirmatively appears that the trial court abused its discretion or proceeded…