MidSouth Rail Corp. v. O'Connor

Because the majority diverges from the applicable standard for reviewing a motion for a new trial, I must respectfully dissent. The trial judge is given broad discretion in his decision to grant or deny a new trial. Bland v. Bland, 629 So.2d 582, 586 (Mss. 1993); Meena v. Wilburn, 603 So.2d 866, 877 (Miss.1992); Burnham v. Tabb, 508 So.2d 1072, 1075 (Miss.1987). This Court is without power to reverse the trial judge in his ruling on a motion for a new trial absent an abuse of discretion. American Fire Protection, Inc. v. Lewis, 653 So.2d 1387, 1390 (Miss.1995); Kitchens v. Mississippi Ins.…