Pederson, et al. v. Kolschefsky

Pederson v. Kolschefsky, 1997 ND 211, 575 N.W.2d 224

Filed Nov. 6, 1997
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
1997 ND 211Donna Pederson and Don L. Pederson, Plaintiffs and Appellants
v.
Milton L. Kolschefsky, Defendant and Appellee

Civil No. 970103

Appeal from the District Court for Ward County, Northwest Judicial District, the Honorable Gary A. Holum, Judge.
AFFIRMED.
Per Curiam.
Marlyce A. Wilder, P.O. Box 547, Williston, N.D. 58802-0547, for plaintiffs and appellants.
Richard H. McGee II of McGee, Hankla, Backes & Dobrovolny, P.O. Box 998, Minot, N.D. 58702-0998, for defendant and appellee.

Pederson, et al. v. Kolschefsky
Civil No. 970103

Per Curiam.

[¶1] Donna and Don Pederson sued Milton Kolschefsky for damages resulting from an automobile accident. A jury returned a special verdict finding Kolschefsky was not negligent. The Pedersons moved for a new trial, and the trial court denied their motion. The Pedersons appeal from the court's order, arguing the evidence is insufficient, the verdict goes against the weight of the evidence, and the trial court therefore abused its discretion by denying a new trial. We conclude the trial court did not abuse its discretion in denying a new trial.

[¶2] We affirm the district court's order under Rule 35.1(a)(3) and (4), N.D.R.App.P.

[¶3]Gerald W. VandeWalle, C.J.
William A. Neumann
Dale V. Sandstrom
Herbert L. Meschke
Mary Muehlen Maring