Fox v. Colony T.V. & Appliance, Inc.

The defendants appeal from the trial court’s judgment setting aside the jury’s verdict and ordering a new trial. The defendants claim that the trial court’s action was an abuse of discretion because there was no evidence of jury confusion in the verdict rendered. We disagree and affirm the judgment of the trial court.

The following facts form the basis of this appeal. This negligence action was tried to a jury in April, 1993. At *454the close of the evidence, the trial court instructed the jury as to the plaintiff’s burden of proof, causation, damages, comparative negligence, and the method of…