Dyer v. Woods

Darrell Hickman, Justice.

The trial judge set aside a jury verdict for the appellant, defendant below, in this truck collision case and granted the appellee a new trial. On appeal we look to see if the trial judge abused his discretion in so acting. Yutterman v. Williams, 289 Ark. 77, 709 S.W.2d 86 (1986); Clayton v. Wagnon, 276 Ark. 124, 633 S.W.2d 19 (1983). The judge is permitted to weigh the evidence and if he finds that a verdict is clearly contrary to the preponderance of the evidence, he may set it aside and grant a new trial. ARCP Rule 59 (a) (6).

The accident occurred at the…