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Twedt v. Franklin6/2/2003
The only question raised by this appeal is whether the form of the trial court's written order granting a new trial complies with Code of Civil Procedure section 657. More specifically, are the provisions of section 657 that require a written statement of the reasons for granting a new trial satisfied by a written order that attaches and incorporates a hearing transcript where the trial judge states the evidence did not support the jury's finding of no negligence because the testimony of the defendant driver showed her negligence at least partially caused the collision with plaintiff's vehicle? Under the facts of this case, we conclude the order satisfied the requirements of section 657 and therefore affirm.
FACTS AND PROCEDURAL HISTORY
Plaintiff Vickie Lynne Twedt brought a personal injury lawsuit for injuries allegedly suffered in a collision between a vehicle driven by her and a vehicle driven by defendant Carly Franklin. Plaintiff Brian Twedt sought damages for loss of his wife's consortium. Defendant Charles Franklin, Carly's father, was sued as the owner of the vehicle driven by Carly.
The case was tried to a jury. The jury unanimously answered "No" to question No. 1 of the special verdict, which asked if defendant Carly Franklin was negligent. Plaintiffs filed a motion for a new trial specifying three grounds, including insufficiency of the evidence to justify the special verdict.
The trial court granted plaintiffs' motion for a new trial. The entire text of the one-page order signed by the trial judge and dated May 7, 2002, is as follows:
"After hearing on May 2 and May 6, 2002, the matter having been briefed by the parties, argued and submitted;
"The court grants [plaintiffs'] motion for new trial on all issues.
"A dispassionate re-weighing of the evidence does not support the finding of no liability in the special verdict. The court incorporates a transcript of oral ruling attached in clarification of this order.
"All other pending motions are denied as moot.
"DATED this 7th day of May, 2002."
As an expansion of the general premise for granting the motion stated by the court in the above written order, the underlying reasoning for the trial court's decision is set forth in the attached transcript of the May 6, 2002, hearing. At one point the trial court stated:
"That's the problem here. The problem is the jurors decided a fairly simple question in an absolute, definitive no way. And I have to decide whether by any unimpassioned, impartial view of the plaintiffs' evidence whether that is the correct decision. Because I have to reweigh it. And I don't reweigh with the obvious dislike for the plaintiffs that the jury had. And I say that in no -- I mean, I'm just trying to be as realistic as I can. I'm not saying I agree with them or anything else, but it was clear the plaintiffs were not liked by the jury."
After reviewing some of the jury instructions regarding witness credibility and concluding the jury could properly disregard the testimony of Vickie Twedt, the trial court continues by stating:
"So disregard, disbelieve [Vickie Twedt's] testimony and what's that leave? Leaves Carly Franklin. So that is what I'm reweighing. I'm reweighing Carly Franklin and Officer Scott's testimony. And the position of the vehicles, the damage to the vehicles, the physical evidence. It wasn't a tap. The S-10 was banged up pretty bad. The position of the cars after the wreck showed -- when Officer Scott saw them, showed there was substantial contact. That's what we're faced with.
".......................................
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