Collins v. Treadwell

*ADVREP*CA1*
                              DIVISION II



                                        CA 95-409
                                                                         
                                                       June 19, 1996


ANDREA R. COLLINS                    APPEAL FROM DREW COUNTY
          APPELLANT                  CIRCUIT COURT     

                                   
VS.
                                     HONORABLE PAUL K. ROBERTS,
                                     CIRCUIT JUDGE
RENEE TREADWELL                    
          APPELLEE                   REVERSED







                     John E. Jennings, Chief Judge.


     On September 7, 1994, Renee Treadwell was driving in
Monticello, Arkansas.  She was struck from behind by a vehicle
driven by Andrea Collins.  The case was tried to a jury and 
liability was admitted.  The jury returned a verdict for $2,436.06. 
Later, the trial judge granted Renee Treadwell's motion for a new
trial and set the jury verdict aside.
     On appeal, Ms. Collins contends that the trial court abused
its discretion in granting a new trial.  We must agree and reverse.
     The trial court is authorized to set aside a jury verdict and
grant a new trial when the verdict is clearly against the prepon-
derance of the evidence.  Brown v. Wilson, 282 Ark. 450, 669 S.W.2d 6 (1984).  When a motion for new trial is granted, the test on
review is whether the judge abused his discretion.  Clayton v.
Wagnon, 276 Ark. 124, 633 S.W.2d 19 (1982).
     In this case it is clear that the jury's verdict included the
cost of repairing appellee's vehicle, $2,093.90; $100.00 for her
loss of its use; $199.16 for a cargo cover; and appellee's $43.00
medical bill.  The trial judge set the jury verdict aside  because
he felt that the jury did not properly consider appellee's
testimony as to her personal injuries.
     After the accident, Ms. Treadwell did not think she was
injured and the investigating officer noted the accident involved
"property damage only."  Ms. Treadwell testified that about three
days after the accident she felt pain in her neck.  She testified:
               I went to Dr. Peter Go in Dumas.  I
          complained of pain in my neck and lower back. 
          I do not have any permanent injury and the
          pain is over with.  I have a paranoid feeling,
          because every time I stop, I look in my rear-
          view mirror to make sure that everything is
          O.K.  It is not an unbearable situation.  It
          makes my hands sweat.  The amount of my medi-
          cal bill was $43.00.  The bill was incurred on
          September 9, 1994.

     This is all the evidence relating to appellee's injury.  There
was no evidence that her pain required any medication or treatment. 
Under these circumstances we are persuaded that setting aside the
jury verdict constitutes an abuse of discretion.  The trial court
may not substitute its view of the evidence for that of the jury. 
Ray v. Green, 310 Ark. 571, 839 S.W.2d 515 (1992).  
     For the reasons stated, the order granting a new trial is
reversed.
     ROGERS and GRIFFEN, JJ., agree.