Ayers v. Kalal

Here, the district court was in "a much better position than we are to pass upon [this new-trial] question." Brannan , 64 N.W.2d at 761. And we are unable to say on this record that the district court abused its discretion. Dr. Wengler's testimony was not impeached or contradicted, he was fully aware of the previous shoulder complaints, and his unequivocal testimony was that respondent suffered a permanent injury as a result of the collision. Second, this testimony, coupled with an understanding that "direct cause" does not necessarily mean sole cause, supports the conclusion that respondent…