McInarnay v. Hall (Signed Opinion)Annotate this Case
In this property dispute, the Supreme Court reversed the order of the circuit court setting aside the jury’s verdict in favor of Defendants for insufficient evidence and granting Plaintiff a new trial, holding that the circuit court abused its discretion in this case.
Plaintiff proved at trial that she had a written easement to cross Defendants’ land. Defendants, however, introduced evidence that Plaintiff had abandoned the written easement through decades of nonuse. During trial, Plaintiff never objected or filed a motion that challenged the sufficiency of Defendants’ evidence. After the jury returned a verdict in favor of Defendants and on appeal, Plaintiff filed a motion seeking a new trial, arguing that there was insufficient evidence to support Defendants’ abandonment theory. The circuit court granted the motion and set aside the jury’s verdict for insufficient evidence. The Supreme Court reversed, holding that because Plaintiff did not file a motion challenging the sufficiency of evidence at trial, before the jury returned a verdict, and because the jury’s verdict had support in the record, the circuit court abused its discretion in setting aside the jury’s verdict and in granting a new trial.