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Hendrickson v. King County

6/23/2000

92)).


The evidence described above was sufficient to sustain the jury's verdict. Thus, we cannot say that the trial court abused its discretion in denying the County's motions.


C. Motion for New Trial


Finally, the County appeals the trial court's denial of its motion for a new trial, claiming that cumulative error denied it a fair trial. We will not disturb a trial court's ruling on a motion for a new trial absent an abuse of discretion. State v. Finch, 137 Wn.2d 792, 866, 975 P.2d 967, cert. denied, 120 S. Ct. 285 (1999).


As discussed above, the County has failed to show that the trial court erred in making evidentiary rulings, in instructing the jury, or in denying the County's motions to dismiss. Thus, there can be no cumulative error. Further, reviewing the record as a whole, we see no prejudice to the County from the trial court's rulings. It appears that the County had a fair opportunity to present its theory of the case and to argue it to the jury. Thus, the trial court did not abuse its discretion in denying the County's motion for a new trial.


Accordingly, we affirm.


Seinfeld, J.


We concur:


Houghton, J.


Hunt, A.C.J.






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