Wilson v. Amell
Wilson v. Amell
Opinion of the Court
This case involves our standard for reviewing the actions of a trial judge who sets aside a jury verdict and orders a new trial. On February 19, 1975, plaintiffs brought suit seeking damages for personal injuries arising out of an automobile accident which occurred on May 10, 1973. A jury trial was held on February 6,1978, and resulted in verdicts for the defendant. Plaintiffs filed a request that the verdicts be set aside and for a new trial. Defendant objected on grounds that a fair trial had been held on both liability and damages and requested a hearing on plaintiffs’ motion. On March 17,1978, the superior court granted plaintiffs’ motion. The court found that “[t]he evidence is so predominantly in favor of the plaintiffs, on the issue of liability, as to disclose mistake and partiality on the part of the jury.” Defendant appealed and his exceptions were transferred by Keller, C.J.
On May 10, 1973, seventeen-year-old Darrell Amell, Jr., was proceeding north in his automobile in traffic on Union Avenue in Laconia. Mr. Amell had just left his high school and was on his way to visit his
In Kierstead v. Betley Chevrolet-Buick, Inc., 118 N.H. 493, 496, 389 A.2d 429, 431 (1978), we noted that
the trial court has much more discretion when considering a motion to set aside the verdict as against the weight of the evidence and for a new trial. Because of this greater discretion, we will uphold the trial court’s decision on a motion for a new trial unless the decision was made without evidence or the court abused its discretion.
The trial judge
conducts the trial, observes the witnesses and the jury, and is in a better position than we are to evaluate the whole atmosphere of a trial, much of which cannot be gleaned from that portion of the proceedings that is reducible to cold record. We do not say that such discretion cannot be abused. However, the trial judge is the one conducting the trial. Whether we, sitting as trial judges, would have reached the*197 same or a different result is immaterial. In the doubtful case, such as this one, we should defer to his judgment.
Exceptions overruled. Remanded for new trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.