Section 3.33 Verdict Against the Weight of the Evidence

• Library: App Ct Prac 2015 Supp

P. (§3.33) Verdict Against the Weight of the Evidence

The granting of a new trial because of the inadequacy or excessiveness of the award is, in effect, a ruling that the verdict was against the weight of the evidence. Union Elec. Co. of Mo. v. McNulty,344 S.W.2d 37, 39 (Mo. 1961). The trial court has discretion in this regard, and the sole question on such an order is whether there was substantial evidence to support the order; if there was, the ruling will not be disturbed except in cases of manifest abuse of discretion. Phillips v. Phillips,443 S.W.2d 144, 146 (Mo. banc 1969); Nance v. Kimbrow,476 S.W.2d 560, 561 (Mo. 1972).

If the new trial is granted because the verdict was against the weight of the evidence, appellate review must sustain the trial court’s order if there is substantial evidence to support a verdict for the party benefited, absent an abuse of the court’s discretion. Bennett v. N. Brighton Townhouses, Inc....