Johnson v. Fourth Court of Appeals

ORIGINAL MANDAMUS

McGEE, Justice.

The question in this mandamus proceeding is whether a trial court has discretion to grant a new trial in the interest of justice. We hold that the granting of a new trial for that reason is within the trial court’s discretion and conditionally order the court of appeals to vacate its previous judgment.

Relator, Sue Johnson, was raped and brutally beaten in her apartment. She sued the security guard on duty the night of the incident and the security agency providing security for the apartment complex. The cause was tried to a jury which found the guard negligent…