In re Rains—Rule 59(d)—Proper Grounds for New Trial

Summary

The court held that the trial court abused its discretion by granting a new trial after the jury found neither pilot negligent. The trial court’s stated reasons—including alleged jury confusion, a sustained evidentiary objection, and dissatisfaction with the verdict—did not constitute an enumerated ground under Rule 59(d). The court further held that Rule 59(d) provides the exclusive grounds for granting a new trial, made the rule to show cause absolute, and remanded for further proceedings.