R. Max Humphreys, Esquire
Court may grant new trial to Plaintiff one time on grounds that verdict for Defendant was against the weight of the evidence; court of appeals will not disturb that ruling unless Plaintiff failed to make a submissible case. Forester v. Clarke, No. 30105 (Mo. App. S.D., January 12, 2011), Bates, J.
In this medical malpractice case, the jury found for Defendant physician. The trial court, on motion, granted a new trial on the grounds the verdict was against weight of the evidence. Defendant appealed and the Southern District stated that the Supreme Court had ruled that a trial court had virtually unfettered discretion in granting a new trial on the basis the verdict was against the weight of the evidence. Unless it could be shown that the trial court abused its discretion, the court of appeals would not disturb that ruling.
The Missouri Bar Courts Bulletin, 11-Feb