James Tree & Crane Service Inc. v. Fought (Majority)Annotate this Case
In this negligence action, the circuit court granted Plaintiff’s motion for a new trial and set aside the jury’s unanimous verdict in favor of Defendants. Defendants appealed, arguing that none of the arguments raised in Plaintiff’s new trial motion provided grounds to set aside the verdict. The Arkansas Supreme Court affirmed the judgment of the circuit court, holding that the circuit court did not abuse its discretion in finding that the jury’s verdict was clearly against the preponderance of the evidence and that a new trial was warranted under Ark. R. Civ. P. 59(a)(6).