Reeves v. Markle

GORDON, Justice:

Following the trial of a wrongful death action, appellee moved for a new trial. The motion was granted, but the Court of Appeals reversed the new trial order and denied appellee’s motion for rehearing. We accepted review of this case following the filing of a petition for review pursuant to Rule 47(b), 17A A.R.S. Supreme Court Rules.

The sole question presented is whether the trial court erred in granting a new trial. The grounds relied on by the trial court for setting aside the jury’s verdict included, inter alia:(1) Its failure to instruct on the doctrine of last clear…