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Redmond v. Socha9/29/2004
clared and a new trial ordered. We believe that the jury's verdicts finding neither party negligent are irreconcilably inconsistent.
Similarly, we are at a loss to reconcile the jury's verdicts in this case. Either the plaintiff was negligent when he turned in front of the defendant's vehicle or the defendant was negligent in the manner in which she changed lanes, or both. In the absence of evidence of any other cause of the collision, there is simply no other possibility. As a consequence, finding neither party at fault is against the manifest weight of the evidence, as one of the parties had to have been 50% or more at fault.
Based upon the foregoing analysis, we find that the trial court did not abuse its discretion when it set aside the jury's verdicts and ordered a new trial. Accordingly, we affirm the trial court's judgment and remand this cause to the circuit court for further proceedings.
Affirmed and remanded.
HARTMAN and SOUTH, JJ., concur.
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