Legal Opinion

Phillips v. Industrial MacHine

Nebraska Supreme Court

Decided July 16, 1999No. S-97-1263PublishedCited by 20 opinions

1Opinion of the CourtWright, J.

NATURE OF CASE

Following a jury verdict in favor of Michelle Phillips, the trial court determined that the testimony of Phillips’ expert had been erroneously admitted. Thus, the trial court granted a motion for new trial, and Phillips appeals.

SCOPE OF REVIEW

A motion for new trial is addressed to the discretion of the trial court, whose decision will be upheld in the absence of an *257abuse of that discretion. Wheeler v. Bagley, 254 Neb. 232, 575 N.W.2d 616 (1998).

A motion for new trial is to be granted only when error prejudicial to the rights of the unsuccessful party has occurred. Wolfe v.…

2Cases cited13 opinions

  1. State v. HouserNebraska Supreme Court · 1992
  2. Clearwater Corp. v. City of LincolnNebraska Supreme Court · 1979
  3. Anderson Ex Rel. Anderson/Couvillon v. Nebraska Department of Social ServicesNebraska Supreme Court · 1998
  4. Wolfe v. AbrahamNebraska Supreme Court · 1993
  5. Delicious Foods Co. v. Millard Warehouse, Inc.Nebraska Supreme Court · 1993

8 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Schafersman v. Agland Coop.Nebraska Supreme Court · 2001
  2. Frauendorfer v. Lindsay Manufacturing Co.Nebraska Supreme Court · 2002
  3. Snyder Ex Rel. Snyder v. Contemporary Obstetrics & Gynecology, P.C.Nebraska Supreme Court · 2000
  4. Green v. Drivers Management, Inc.Nebraska Supreme Court · 2002
  5. Snyder v. CaseNebraska Supreme Court · 2000

15 more not listed; retrieve them via the Exa API.

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