Schmidt v. Van
Schmidt v. Van
Opinion of the Court
The instant case is before this court on the second appeal of an order granting a new trial following a defense verdict in a personal injury action. As we did in the first appeal, we reverse the amended order under review because the trial court’s determination that the jury verdict is against the manifest weight of the evidence is premised, at least in part, on the same error of law committed in its original order granting a new trial — specifically, that the jury could not reject uncontroverted expert testimony relative to causation in favor of lay testimony and evidence.
Accordingly, we REVERSE and REMAND for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.