James Mcdowell and Judy Mcdowell v‪.‬

Plaintiffs-appellants, James and Judy McDowell, had verdicts from a jury awarding them damages against defendants Paul Silvia
and Kawasaki Motors Corporation USA totaling $1,650,000.00. On motion by Kawasaki, the court ordered a new trial. The issues
on this appeal are: (1) Whether the new trial was ordered on the discretionary ground that the verdict was against the weight
of the evidence and, therefore, appellate review is limited to considering only an abuse of that discretion, and (2) If the
order did not articulate a discretionary ground, were there other specified grounds of trial error which warranted a new trial.
We answer both questions in the negative and order the judgment reinstated. To place the issues in appropriate context, a brief description of the facts of the case, the relative positions of the defendants
and the consequences of the verdicts are necessary.