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PHILLIPS v. INDUSTRIAL MACHINE

No. S-97-1263.

597 N.W.2d 377 (1999)

257 Neb. 256

Michelle PHILLIPS, appellant, v. INDUSTRIAL MACHINE and Nicholas Cusick, appellees.

Supreme Court of Nebraska.

July 16, 1999.

Attorney(s) appearing for the Case

Vincent M. Powers and Elizabeth A. Govaerts, of Vincent M. Powers & Associates, for appellant.

Stephanie Frazier Stacy, of Baylor, Evnen, Curtiss, Grimit & Witt, Lincoln, for appellees.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

WRIGHT, J.

NATURE OF CASE

Following a jury verdict in favor of Michelle Phillips, the trial court determined that the testimony of Phillips' expert had been erroneously admitted. Thus, the trial court granted a motion for new trial, and Phillips appeals.

SCOPE OF REVIEW

A motion for new trial is addressed to the discretion of the trial court, whose decision will be upheld in the absence of an abuse of that discretion. Wheeler v. Bagley...

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