Section 2321.18, Revised Code (Ohio), prevents a trial court from granting a second new trial upon the weight of the evidence against the same party, but it does not prevent such court from granting a new trial on the weight of the evidence against a different party.
Plaintiff obtained a judgment against defendant that was reversed on appeal and remanded for a new trial. At the second trial, defendant filed a motion for a directed verdict at the close of the evidence, and the trial court denied the motion. The jury returned a verdict for defendant, and plaintiff filed a motion for a new trial, which the trial court granted.
Should a directed verdict have been granted?
On appeal, the court affirmed. Although defendant only appealed from the denial of the motion for a new trial, the court reviewed both orders of the trial court. The trial court properly overruled defendant's motion for a directed verdict because the evidence was conflicting and reasonable minds could well have differed with respect to the inferences to be drawn from the evidence. The trial court did not abuse its discretion in granting plaintiff's motion for a new trial. Section 2321.18, Revised Code, did not prohibit the granting of a new trial on the weight of the evidence in favor of plaintiff because the prior reversal on those grounds was in favor of defendant.