Bernardini v. Salas

OPINION

By the Court,

Thompson, C. J.:

The issue on this appeal is whether the district court abused its discretion in granting a new trial to the plaintiff on the ground of newly discovered evidence.

A wrongful death action, premised upon gross negligence, was commenced by the heirs of a deceased guest against the driver of a Jeep. The Jeep had overturned at night while descending a narrow, steep, winding, dirt mountain road. The three occupants of the Jeep had been hunting. No other vehicle was involved. The speed at which the driver propelled the Jeep down the mountain road was relevant to the…