Barnes v. GatesCivil No. 960240

Per Curiam

[¶1] This case arises out of an auto accident in which a jury returned a verdict finding each party equally negligent. Barnes moved for a new trial. The trial court denied his motion for a new trial and he appeals from the court's order. We have held a trial court's denial of a motion for a new trial is purely discretionary and this court will not disturb it on appeal unless there is an affirmative showing of "manifest abuse of discretion." Grinaker v. Grinaker, 553 N.W.2d 204, 207 (N.D. 1996); Johnson v. Schlotman, 502 N.W.2d 831, 836 (N.D. 1993). We conclude the trial court did not manifestly abuse its discretion in denying a new trial. The order is affirmed under Rule 35.1(a)(4), N.D.R.App.P.[¶2]Gerald W. VandeWalle, C.J.
Mary Muehlen Maring
Herbert L. Meschke
Dale V. Sandstrom
William A. Neumann