the trial court’s grant of a new trial was an abuse of discretion because its conclusion that the jury verdict was against the weight of the evidence “was based on its reassessment of the credibility of the witnesses, a matter exclusively within the province of the jury” (emphasis in the original)
How later courts described this case
- the trial court’s grant of a new trial was an abuse of discretion because its conclusion that the jury verdict was against the weight of the evidence “was based on its reassessment of the credibility of the witnesses, a matter exclusively within the province of the jury” (emphasis in the original)
- 99.99% probability of paternity not conclusive
- tests showing 99.99% probability that party is father are not conclusive
- exclusive province of jury to assign weight to witness’ testimony
Written by the judges who cited it.
The opinion
HUTCHINSON, Justice,
dissenting.
I dissent. When considering a motion for a new trial, a trial judge, of course, should not merely substitute his judgment for the jury’s. We have stated that:
A new trial should be awarded on the ground that the verdict is against the weight of the evidence only when the jury’s verdict is so contrary to the evidence as to shock one’s sense of justice and the award of a new trial is imperative so that right may be given another opportunity to prevail.
Burrell v. Philadelphia Electric Co., 438 Pa. 286, 289 , 265 A.2d 516, 518 (1970). Nevertheless, the decision to grant or deny a motion for a new trial is within the trial court’s discretion. Austin v. Ridge, 435 Pa. 1 , 255 A.2d 123 (1969). Indeed, we have held that it is the duty of the trial court which heard the witnesses to grant a motion for new trial if it believes the jury’s verdict is capricious or against the weight of the evidence. Burchard v. Seber, 417 Pa. 431 , 207 A.2d 896 (1965).
The HLA test is well respected and authoritative. One commentator has called it “too probative to be ignored.” 1 In holding such tests admissible, but not conclusive, Superi- or Court discussed the test’s reliability. It noted that such tests have other common applications such as matching *429 organ donors and recipients. Turek v. Hardy, 312 Pa.Superior Ct. 158, 458 A.2d 562 (1983). It is thus apparent that the medical profession relies on it in matters of life or death. Yet the majority holds a trial judge abuses his discretion if he grants a new trial because a jury ignored it.
The expert witness who presented the test results was qualified and his testimony is persuasive, if not conclusive. The trial judge had an opportunity to see and hear the witnesses. We lack this advantage. Given the strength of the expert’s testimony and the less objectively reliable testimony of the other witnesses, I would defer to Common Pleas’ judgment. I believe our trial judges in general and this one in particular exercise their duty in regard to new trial motions responsibly and conscientiously.
Thus, I would affirm Superior Court.
. McCormick on Evidence 621 (E. Cleary, 3d ed. 1984).