Huffman v. Heagy

Appellants, defendants in a personal injury action, seek review of an order granting a new trial which contained several grounds, one of which was: “ * * * that the Plaintiffs did not receive a fair and impartial trial from a fair and impartial jury, and that the jury was swayed by outside influence 1 beyond the control of the Court. This was recognized in the context of the adversary proceedings and the oversight in not specially charging the jury must be considered as being prejudicial error.”

Appellate courts are much more reluctant to interfere with an order granting a new trial than an…