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MORRIS v. JENSEN8/10/1992
e trial judge erred in denying her motion for a new trial because the forelady's passion and prejudice unfairly influenced the jury's verdict.
The granting or denial of a new trial motion rests within the sound discretion of the trial judge. See, Umhoefer, supra. This Court will not disturb the judge's ruling unless an abuse of discretion is shown. Id.
The judge found no evidence that the forelady exerted
I feel that I am an honest person and was unbiased in the
case even though the forewoman accused me of being
biased because of the sentiment presented by the
plaintiff's attorney. My vote when I finally did vote was
based upon the evidence presented that would show dual
negligence. . . .
In addition, the judge found the evidence supported the jury's verdict. While the statement discloses the declarant's personal dislike of what she perceived as the forelady's hostile, overbearing manner, it does not prove that the verdict resulted from anything other than a reasonable view of the evidence. We find no abuse of discretion in the judge's refusal to grant a new trial.
Affirmed.
GARDNER and CURETON, JJ., concur.
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