Supreme Court of Colorado
In Re Wilson Henry Rains, Natural Father and Heir of Tori Rains-Wedan, Deceased and Bjorn John Wedan, Natural Father…
June 25, 2018420 P.3d 969
Summary
The court held that the trial court abused its discretion by granting a new trial after the jury found neither pilot negligent. The stated grounds—a supposed jury confusion, a sustained objection, and dissatisfaction with the verdict—did not constitute an irregularity under Rule 59(d)(1), and Rule 59(d) does not permit a new trial on an unenumerated ground such as a miscarriage of justice. The court made its rule to show cause absolute and remanded for further proceedings.