Lippold v. Hart

California Court of Appeal Jun 13, 1969 No. Civ. 25606Published

Before: Christian

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Holding. The trial court erred by denying a motion for a new trial based on a mistaken belief that it was bound by the jury's verdict despite its own independent conclusion that the result was unjust. Because the trial court's jurisdiction to rule on the motion had expired, the appellate court reversed the judgment.

Issues

Whether a trial judge is bound by a jury verdict when ruling on a motion for a new trial despite believing the result is unjust.
Whether an appellate court may reverse a judgment when the trial judge's comments indicate a misconception of their duty in ruling on a new trial motion.
Whether an appellate court can remand for a rehearing on a new trial motion after the trial court's statutory jurisdiction to act has expired.

Disposition. reversed

Quotations verified verbatim against the opinion

“a judge is not bound by a conflict in evidence when he is ruling on a motion for a new trial; rather, he must reweigh the evidence, the inferences therefrom, and the credibility of the witnesses”

“where the comments of the trial judge indicate that he misconceived his duty at the hearing on the motion for new trial, an appellate court will not blindly affirm the judgment below because there is some evidence to support it”

“The trial judge’s comments indicate that, although he made an independent evaluation of the evidence, he failed to base his decision on the motion for a new trial upon that evaluation. That was error.”

CHRISTIAN J.

Appellants brought this action to recover for personal injuries and property damage suffered in an automobile collision with respondent Frank Hart. After a jury trial had resulted in a defense verdict, appellants’ motion for new trial was denied. Appellants contend that the trial judge improperly denied this motion; we agree, and therefore reverse the judgment.

The accident occurred on February 7, 1966; appellant Florence Lippold, while driving appellants’ automobile, was forced by traffic preceding her to come to a sharp halt on a 4-lane highway. Respondent Frank Hart was driving respondents’ automobile directly behind Mrs. Lippold. When she stopped abruptly, he was unable to avoid striking the rear end of her vehicle. Appellants’ automobile was'damaged and Mrs. Lippold claimed personal injuries.

At the hearing on appellants ’ motion for a new trial, the judge indicated he felt the verdict was unfair, saying “That lady was definitely entitled to recover something. . . .’’He stated that he did not believe some of Mr. Hart’s testimony and that the smoothness of that testimony and the ingenuity and persuasiveness of counsel for respondents had led the jury to disbelieve Mrs. Lippold. Although stating that “an unjust result has occurred,” the trial judge denied a motion for a new trial because “the jury heard the story. So I’ve got to abide by it because it was a unanimous verdict.”

Appellants correctly contend that these statements of the trial judge show that he misconceived his function at the hearing on the new trial motion. The comments suggest that the judge thought himself bound to uphold the jury verdict because the evidence was conflicting. But a judge is not bound by a conflict in evidence when he is ruling on a motion for a new trial; rather, he must reweigh the evidence, the inferences therefrom, and the credibility of the witnesses in determining whether the jury “clearly should have reached a different verdict” (Code Civ. Proc., § 657;

Alhambra Consol. Mines, Inc.

Alhambra Shumway Mines, Inc.

(1966) 239 Cal.App.2d 590, 597 [49 Cal.Rptr. 38] ;

Scannell

Schmitt

[26]

Lippold v. Hart

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CHRISTIAN J.

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