622 N.W.2d 432
No. 20000125.Supreme Court of North Dakota.
Decided October 31, 2000.
NOTE: SUMMARY OPINION, SEE NORTH DAKOTA RULES OF APPELLATE PROCEDURE, RULE 35.1
Appeal from the District Court of Morton County, South Central Judicial District, the Honorable Burt L. Riskedahl, Judge.
AFFIRMED.
Albert A. Wolf (argued) and Courtney M. Koebele of Wheeler Wolf, P.O. Box 2056, Bismarck, N.D. 58502-2056, for plaintiff and appellant.
James S. Hill of Zuger Kirmis Smith, P.O. Box 1695, Bismarck, N.D. 58502-1695, for defendants and appellees.
Per Curiam.
[¶ 1] Denny Belisle appeals from the trial court’s judgment and denial of his motion for a new trial under Rule 59(b)(1), (2), and (6), N.D.R.Civ.P. Belisle brought a personal injury action against Joel Dana Gibson and his employer, Tri-Drywall, Inc. (collectively “Gibson”) for injuries he sustained as a result of a car accident. After trial, the jury returned a verdict finding Gibson was not negligent. Belisle argues the jury verdict is against the weight of the evidence showing Gibson was negligent, and the trial court abused its discretion in denying the motion for new trial.
[¶ 2] We summarily affirm the trial court’s judgment and denial of the motion for a new trial 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
Mary Muehlen Maring
David W. Nelson, D.J.
[¶ 4] The Honorable David W. Nelson, D.J., sitting in place of Kapsner, J., disqualified.