Tyrrell v. Marine Propulsion Services, Inc.

In this personal injury case, the jury found plaintiff, a bicyclist, 55 percent at fault for a collision with a pickup truck driven by defendant Bixel.1 The trial court entered judgment for defendant and dismissed the jury. Plaintiff then moved to set aside the judgment and for a new trial, and the trial court granted the motion. Defendant appeals. Because a trial court may supersede a jury verdict and order a new trial only if there is no evidence to support the verdict, and in this case there was such evidence, we reverse.

The accident giving rise to this litigation occurred on Swan Island,…