(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident case and its proceedings.)
ARGUMENT
THE TRIAL COURT IS ENTITLED TO AND MUST INDEPENDENTLY REVIEW THE EVIDENCE, SO AS TO GRANT A NEW TRIAL WHEN A JURY VERDICT IS AGAINST THE SUBSTANTIAL WEIGHT OF THE EVIDENCE
In a jury trial, each party has two hearings, one before the jury and the other before the court as “a 13th juror.” Nordent v. Hartman, 111 Cal.App.2d 791, 798 (1952). It is not only the right, but also the duty of the trial judge to grant a new trial when he or she believes the weight of the evidence to be contrary to the finding of the jury. Rice v. Kaiser Co.,102 Cal.App.2d 44, 45 (1951)
As part of its review of the verdict, a trial court is not bound by the conclusions of the jury:
In weighing and evaluating the evidence, the court is a trier of fact and is not bound by factual resolutions made by the jury. The court may grant a new trial even though there may be sufficient evidence to sustain the jury’s verdict on appeal, so long as the court determines the weight of the evidence against the verdict. Candido v. Huitt, 151 Cal.App.3d 918 (1984).
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The authority of a trial court to grant a new trial is established and circumscribed by statute, which provides seven legal grounds for such a motion. See Code of Civil Procedure §657(1)-(7). These grounds are: (1) Irregularity in the proceedings; (2) Misconduct of the jury; (3) Accident or surprise; (4) Newly discovered evidence; (5) Excessive or inadequate damages; (6) Insufficiency of the evidence; and (7) Error in law. See Id.
Plaintiff’s Motion is made on the following grounds:
1. Inadequate Damages (Code of Civil Procedure §657(5));
2. Inadequacy of evidence to justify the verdict (Code of Civil Procedure §657(6));
3. The verdict is against law (Code of Civil Procedure §657(6));
4. Error in law, occurring at trial, and excepted to by Plaintiff (Code of Civil Procedure §657(7)).
(See Part 3 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.