McPhillips v. Blomgren

The plaintiff-appellant concedes that a trial court’s order for a new trial in the interests of justice will not be reversed unless there is a clear showing of abuse of discretion.

He does contend, however, that if the evidence was sufficient to support the jury’s findings the verdict should not be set aside nor a new trial granted. 1

This court has not so restricted the trial court in ruling upon a motion for a new trial in the interests of justice.

“It is well established that the supreme court will affirm a trial court’s order for a new trial in the interest of justice unless there is a clear…