Wright v. Minnicks

OPINION BY Senior Justice CHARLES S. RUSSELL.

In this appeal from a final judgment in an action for wrongful death, the dispositive question is whether the trial court erred in setting aside the original jury's verdict and ordering a new trial.

Facts and Proceedings

The facts concerning the decedent's accident will be stated in the light most favorable to the plaintiff, the prevailing party at trial. The decedent, Anthony Edward Wright, was operating a motorcycle on Route 645 in Frederick County at mid-day on July 24, 2004. Bernard W. Everhart, Jr., was operating a commercial tow truck belonging…