Curtis v. Faulkner University
| Court | Supreme Court of Alabama |
| Writing for the Court | PER CURIAM; HORNSBY |
| Citation | 575 So.2d 1064 |
| Parties | 66 Ed. Law Rep. 865 William CURTIS, et al. v. FAULKNER UNIVERSITY. FAULKNER UNIVERSITY v. William CURTIS, et al. 89-233, 89-249. |
| Decision Date | 01 February 1991 |
Page 1064
v.
FAULKNER UNIVERSITY.
FAULKNER UNIVERSITY
v.
William CURTIS, et al.
Page 1065
Ralph Loveless of Loveless & Banks, Mobile, for appellants/cross-appellees.
Matthew C. McDonald and Michael Gillion of Miller, Hamilton, Snider & Odom, Mobile, for appellee/cross-appellant.
PER CURIAM.
The plaintiffs appeal from a judgment granting defendant Faulkner University ("Faulkner") a new trial following the return of jury verdicts in the plaintiffs' favor. The plaintiffs are former students of Faulkner. Faulkner cross-appeals, challenging the trial court's denial of its motions for directed verdict and j.n.o.v.
Although it denied Faulkner's motion for j.n.o.v., the court granted its subsequent motion for a new trial and listed five reasons for doing so: (1) that the verdicts failed to do justice between the parties; (2) that the verdicts were so varying that it was apparent that they were the result of confusion, and were inconsistent with the jury instructions given; (3) that the verdicts were contrary to the law and the evidence; (4) that the verdicts were contrary to the great weight and preponderance of the evidence; and (5) that the verdicts were excessive so as to demonstrate bias, passion, prejudice, corruption, or other improper motive.
Because a reversal of the court's denial of Faulkner's motions for directed verdict and j.n.o.v. would render the students' appeal moot, we will address the cross-appeal first. Motions for directed verdict and j.n.o.v. test the sufficiency of the evidence, Casey v. Jones, 410 So.2d 5 (Ala.1981), and should not be granted if, when viewed in the light most favorable to the non-movant, there exists a conflict in the evidence. Honeywell, Inc. v. Bel Air Corp., 518 So.2d 100, 101 (Ala.1987); Rule 50, Ala.R.Civ.P. Our review reveals a conflict in the evidence regarding the students' allegations. Therefore, the trial court's denial of Faulkner's motions was proper.
The students contend that the proper standard for reviewing all orders granting motions for new trial is set forth in Jawad v. Granade, 497 So.2d 471 (Ala.1986):
"[A]n order granting a motion for new trial on the sole ground that the verdict is against the great weight or preponderance of the evidence will be reversed for abuse of discretion where on review it is easily perceivable from the record that the jury verdict is supported...
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Cottrell v. Nat. Collegiate Athletic Ass'n, 1041858.
...unless some legal right is abused and the record plainly and palpably shows the trial judge to be in error.'" Curtis v. Faulkner Univ., 575 So.2d 1064, 1066 (Ala.1991) (quoting Kane v. Edward J. Woerner & Sons, Inc., 543 So.2d 693, 694 I. Whether the trial court erred in its determinations ......
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State v. Ellis (Ex parte State), 1121390.
...694 (Ala.1989) (citation omitted). See also, Land & Assoc., Inc. v. Simmons, 562 So.2d 140, 148 (Ala.1989).”Curtis v. Faulkner Univ., 575 So.2d 1064, 1065 (Ala.1991).Being mindful of the presumption of correctness that attaches to a trial court's ruling on a motion for a new trial, we quote......
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Schaeffer v. Poellnitz, 1110353.
...legal right is abused and the record 154 So.3d 986plainly and palpably shows the trial judge to be in error.” ’“Curtis v. Faulkner Univ., 575 So.2d 1064, 1065–66 (Ala.1991) (quoting Kane v. Edward J. Woerner & Sons, Inc., 543 So.2d 693, 694 (Ala.1989), quoting in turn Hill v. Sherwood, 488 ......
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Leftwich v. Brewster, 1180796
...some legal right is abused and the record plainly and palpably shows the trial judge to be in error." ’" Curtis v. Faulkner Univ., 575 So. 2d 1064, 1065–66 (Ala. 1991) (quoting Kane v. Edward J. Woerner & Sons, Inc., 543 So. 2d 693, 694 (Ala. 1989), quoting in turn Hill v. Sherwood, 488 So.......