Brown v. Guy

Malpractice action against a doctor of chiropractic. Verdict for defendant. Plaintiff’s motion for new trial was granted upon the ground of insufficiency of the evidence to support the verdict. Defendant appeals.

Upon the consideration of a motion for a new trial the court must make an independent appraisal of the evidence, including all presumptions and reasonable inferences, and must judicially determine whether the judgment effects a miscarriage of justice. In considering such motion the trial court is not bound by a conflict in the evidence but may be governed by any substantial proof that…