Stewart v. Swader

YATES, Judge.

The defendant appeals from an order granting a new trial. This case was transferred to this court by the supreme court, pursuant to § 12-2-7(6), Ala.Code 1975.

On March 29, 1993, Amanda Swader and her husband Patrick Swader sued Rodney Stewart, alleging that Stewart had negligently and/or wantonly driven his motor vehicle into a vehicle driven by Amanda Swader and had thereby caused her personal injury; Patrick Swader claimed damages for loss of consortium. On February 14, 1996, a jury found in favor of Stewart.

*207The Swaders moved for a new trial, pursuant to Rule 59, Ala. R. Civ.…