In re Cambell

Kem Thompson Frost, Chief Justice *296In this original proceeding, relator Christian Cambell, seeks a writ of mandamus ordering the respondent, the Honorable John Ellisor, to vacate his order granting a new trial. We conditionally grant the writ.

I. FACTUAL AND PROCEDURAL BACKGROUND

The underlying case arises from a vehicle-bicycle accident. The cyclist, plaintiff/real party-in-interest John Colwell, was riding his bicycle eastbound on Seawall Boulevard in Galveston. He crossed into the intersection at 31st Street, and the vehicle driven by defendant/relator Christian Cambell collided with the…