Summary
The Minnesota Court of Appeals reviewed the denial of Steven Eliason's motion for a new trial following a jury verdict finding him entirely negligent in a pedestrian-vehicle collision. The court held that the trial court acted within its discretion because evidence, including testimony about the driver's observations and Eliason's alcohol consumption, reasonably supported the jury's apportionment of negligence. The order denying a new trial was affirmed.
Holdings
- The trial court did not abuse its discretion in denying Eliason's motion for a new trial.
- The jury's apportionment of negligence should not be set aside because evidence reasonably tended to support it and the apportionment was not manifestly and palpably against the weight of the evidence.
Questions Presented
- Whether the trial court abused its discretion by denying Eliason's motion for a new trial on the ground that the jury's verdict and apportionment of negligence were unsupported by the evidence.
Disposition
affirmed
Cases Cited (3)
- Koenig v. Ludowese, 308 Minn. 380, 243 N.W.2d 29 (1976)(followed)
- State v. Pearson, 260 Minn. 477, 110 N.W.2d 206 (1961)(followed)
- Martin v. Bussert, 292 Minn. 29, 193 N.W.2d 134 (1971)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…