Dolores Hunter, as Personal Representative for the Estate of Benjamin G. Francis, Appellant and Cross-Appellee, V…

Summary

The court held that the superior court applied an incorrect legal standard when reconsidering Hunter's motion for a new trial based on the weight of the evidence. Under the governing standard, the trial court must exercise its discretion and independently weigh the evidence, and may grant a new trial even when substantial evidence supports the verdict. The court affirmed the denial of a new trial based on evidentiary restrictions but reversed and remanded for renewed consideration of the weight-of-the-evidence motion.