Lehmkuhl v. Bolland

SUBSTITUTE OPINION

The Court’s prior opinion, dated February 1, 1988, is hereby withdrawn.

WALTERS, Chief Judge.

This is an appeal from an order denying a motion by the plaintiffs Donald and Jill *504Lehmkuhl for new trial, in a personal injury action tried to a jury. Because we conclude the jury’s verdict was contrary to the clear weight of the evidence, we reverse the order denying the Lehmkuhls’ motion, and we remand for a new trial.

Certain facts in this case are undisputed. They are as follows. On December 12, 1984, shortly after 5:00 p.m., Donald Lehmkuhl was driving a Dodge Colt automobile he…