Fischer v. Kombol

Plaintiff brought this action to recover damages for injuries sustained in an automobile accident allegedly caused by defendant’s negligence. The jury returned a verdict for defendant. Plaintiff filed a motion to set aside the judgment and grant a new trial, arguing that the trial court erred in failing to grant plaintiffs motion for a directed verdict. ORCP 64B(5) and (6). Defendant assigns error to the trial court’s granting of the motion for new trial. We reverse.

A new trial may be granted only when there is a substantial chance of prejudice to the moving party from asserted error during…