James Tree & Crane Service, Inc. v. Fought

|nThe trial court did not abuse its discretion in granting a new trial, and I, therefore, dissent. We should affirm the circuit court’s grant of a new trial under Arkansas Rule of Civil Procedure 59(a)(5) (error in the assessment of damages) and (a)(6) (verdict clearly contrary to the preponderance of the evidence).

The majority accurately states our review standard, which can be summarized as follows:

1. When we review an order granting a new trial, our inquiry is whether the circuit court abused its discretion. Razorback Cab v. Martin, 313 Ark. 445, 856 S.W.2d 2 (1993). The abuse of…