Sacramento Woman Sues For Damages After Two-Car Collision, Part 3 of 9

The following blog entry is written to illustrate a common motion filed during the post-trial stage of civil litigation. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also 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.)


In weighing and evaluating the evidence, the court is a trier of fact and not bound by factual resolutions made by the jury. The court may grant a new trial even though there is sufficient evidence to sustain the jury’s verdict on appeal, so long as the court determines that the weight of the evidence is against the verdict. (Candido v. Huitt. (1984) 151 Cal.App.3d 918, 923.)

The court has the power to consider the credibility of witnesses to draw reasonable inferences contrary to those drawn by the jury. (Valdez v. J.D. Diffenbaugh Co., (1975) 51 Cal.App.3d 491, 512.) For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

It is not only the right, but 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 findings of the jury. (Tice v. Kaiser Co., (1951) 102 Cal.App.2d 44, 46.)

A new trial should be granted when the verdict is against law. These grounds apply one when the evidence is without substantial conflict in any material point and insufficient as a matter of law to support the verdict. (McCowan v. Spencer (1970) 8 Cal.App.3d 216, 229.)

A verdict is against law, if the evidence is legally insufficient to support the verdict. (McCowan. supra.)

A new trial based on the against law permits the moving party to raise new legal theories for the first time. The trial court gets a second chance to re-examine the judgment for errors of law.

(Hoffman-Haag v. Transamerica Insurance Co., (1991) 1 Cal.App.4th 10, 15.) (See Part 4 of 9.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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