Dunkin v. Smith

JONES, Justice.

Defendant/appellant appeals from the trial court’s order granting plaintiff a new trial. Initially, we emphasize that this case is not controlled by the new trial standard recently announced in Jawad v. Granade, 497 So.2d 471 (Ala.1986). In Jawad, we reversed the trial court’s granting of a new trial on the weight-and-preponderance-of-the-evidence ground. Here, although plaintiff asserted this ground in her new trial motion and the trial court’s order does not specify the ground on which it based its new trial order, the record of trial, as well as the recorded comments of the…