Smith v. White

BRYANT, Judge.

Because the trial court’s order awarding plaintiff a new trial due to an error at law occurring during trial was appropriate, we affirm. Where plaintiff prevails at trial on the issue of contributory negligence, plaintiffs appeal of this issue is dismissed. Because the trial court did not abuse its discretion in finding that the jury verdict, which benefitted plaintiff, was not a compromise verdict, we affirm the trial court’s denial of plaintiff’s motion for a new trial. Finally, where defendant was' entitled to an award of costs under Rule 68(a), the trial court did not abuse…