Phillips v. Industrial MacHine
Nebraska Supreme Court
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
- State v. HouserNebraska Supreme Court · 1992
- Clearwater Corp. v. City of LincolnNebraska Supreme Court · 1979
- Anderson Ex Rel. Anderson/Couvillon v. Nebraska Department of Social ServicesNebraska Supreme Court · 1998
- Wolfe v. AbrahamNebraska Supreme Court · 1993
- Delicious Foods Co. v. Millard Warehouse, Inc.Nebraska Supreme Court · 1993
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- Green v. Drivers Management, Inc.Nebraska Supreme Court · 2002
- Snyder v. CaseNebraska Supreme Court · 2000
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