Webb v. Webb

GREER, Judge.

Plaintiff Luther Duane Webb (Luther) brought this negligence action against his aunt, defendant Marjorie Webb (Marjorie), dba Victor’s Cocktail Lounge, for personal injuries he sustained in a fall from an unstable barstool at his aunt’s cocktail lounge. Defendant Marjorie appeals from the trial court order granting plaintiff Luther's motion for new trial. Plaintiff cross-appeals, arguing a certain on-the-record statement made by defendant’s counsel in seeking a trial continuance constituted a judicial admission. We find no abuse of discretion and affirm the new trial order.…