Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this automobile accident case and its proceedings.)
Plaintiff’s Opposition to Defendant’s Motion for a New Trial
The Court Should Not Grant a New Trial Because the Jury’s Verdict is Amply Supported by the Evidence
Motion for a New Trial Should Not be Granted Unless the Court is Convinced that the Jury Clearly Should Have Reached a Different Verdict
Code of Civil Procedure §657 provides, in pertinent part, that a trial court should not grant a motion for a new trial on the grounds of insufficiency of the evidence, “unless after weighing the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the… jury clearly should have reached a different verdict or decision.” In other words, while a trial court has wide discretion in ruling on a motion for a new trial, the use of the word clearly in §657 makes it evident that such a motion should not be granted unless the trial court is firmly convinced that the jury got it wrong. Simply put, there is no basis for such a finding in this case.
This was No Minor Accident
Citing her own motion, defendant complains that the jury verdict should be set aside because this was a minor accident, making it seem like a fender bender. Not so. Defendant seems to have forgotten, or at least forgotten to discuss, that there was an independent witness, Ms. Vilma Diaz, who had no prior relationship with either party, who witnessed the entire automobile accident unfold in front of her.
Ms. Diaz saw the defendant just before the accident and saw that she was not paying attention to where she was going. According to Ms. Diaz, who lived in the neighborhood and was familiar with traffic on University, the defendant was traveling at least 30 mph over the 25 mph speed limit and crashed into the rear end of plaintiff’s car without braking. (See Part 2 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.