Weida v. Kegarise

Summary

The Indiana Supreme Court held that a trial court granting a new trial because a jury verdict was against the weight of the evidence must comply with Indiana Trial Rule 59(J) by stating general reasons and making the required special findings. Because the trial court’s order granting a new trial and additur contained no such findings, the court directed reinstatement of the jury’s verdict for the defendant. The decision also discusses the trial judge’s role as a “thirteenth juror” and the distinction between a verdict against the weight of the evidence and one clearly erroneous as contrary to or unsupported by the evidence.

Holdings

1. When a trial court grants a new trial because a non-advisory jury verdict is against the weight of the evidence, Indiana Trial Rule 59(J) requires the court to specify general reasons and make special findings identifying the relevant material issues and relating the supporting and opposing evidence to each issue.
2. When a trial court grants a new trial on the apparent ground that the jury verdict was against the weight of the evidence but fails to make the findings required by Trial Rule 59(J), the proper remedy is reinstatement of the jury verdict, not remand for the trial court to prepare findings after the fact.
3. The strong presumption of correctness ordinarily afforded a trial court's decision to set aside a jury verdict as against the preponderance of the evidence does not arise when the trial court fails to support the decision with the special findings required by Trial Rule 59(J)(7).

Questions Presented

1. Whether a trial court may grant a new trial based on the verdict being against the weight of the evidence without specifying general reasons and making the special findings required by Indiana Trial Rule 59(J).
2. Whether an appellate court should remand a defective new-trial order for the trial court to prepare findings or instead reinstate the jury verdict.
3. Whether the trial court's order granting a new trial was subject to the strong presumption of correctness ordinarily applicable to a trial court acting as a thirteenth juror.

Disposition

other