Cano v. Neill

HAIRE, Judge.

This appeal requires us to review an order granting plaintiff-appellee’s motion for a new trial in a wrongful death action. The principal question raised concerns the scope of the trial court’s discretion in weighing conflicting evidence and arriving at a conclusion that the jury’s verdict based thereon must be overturned and a new trial granted. Because of the frequency of recurrence of this type of question in appeals brought before this Court we have discussed the facts and the law in greater detail than normally would be the case.

The accident in question occurred on Labor…