In Re United Scaffolding, Inc.

In this original proceeding we consider whether the tidal court abused its discretion by disregarding a jury verdict and granting a new trial when the reason it gave for doing so was “in the interest of justice and fairness.” Based on our decision in In re Columbia Medical Center of Las Colinas, 290 S.W.3d 204 (Tex.2009), we hold that it did and conditionally grant relief in part.

James and Lisa Levine sued United Scaffolding, Inc. for damages because of injui'ies James suffered when he fell from scaffolding built by United. Following a jui’y trial, and based on the verdict, the tidal court…