In re Rains

At issue in this case was whether the trial court abused its discretion in granting the plaintiffs’ motion for a new trial after a jury found that the defendants, two pilots, were not negligent during a near collision that resulted in one plane crashing and killing all five passengers on board. To resolve this issue, the Colorado Supreme Court addressed two underlying questions: (1) whether the trial court’s stated reasons for granting a new trial met the requirements of C.R.C.P. 59(d); and (2) if not, whether a trial court may nevertheless grant a new trial for a reason other than those enumerated in Rule 59(d). The Supreme Court answered both questions in the negative and accordingly held that the trial court abused its discretion in granting a new trial. View "In re Rains" on Justia Law