Supreme Court of New Jersey
Frank Kulbacki
November 19, 196238 N.J. 435
Summary
The Supreme Court of New Jersey reversed the Appellate Division and affirmed the trial court's denial of a new trial, holding that the appellate review of a trial court's refusal to grant a new trial is governed by the Hartpence standard and that the evidence could support the jury's verdict of no negligence. Justice Weintraub, Jacobs, and Francis dissented, arguing the verdict was a miscarriage of justice, while Justice Haneman concurred, urging clarification of the proper test for new‑trial motions.