Worthington v. Bynum And Cogdell v. Bynum

In Worthington v. Bynum and Cogdell v. Bynum, 305 N.C. 478, 290 S.E.2d 599 (1982) the Court made it clear that the enactment of the Rules of Civil Procedure "did not diminish the inherent and traditional authority of the trial judges of our state to set aside the verdict whenever in their sound discretion they believe it necessary to attain justice . . . ." Id. at 482, 290 S.E.2d at 602. Following a jury verdict, the defendant in Worthington moved for a new trial pursuant to the provisions of sections 5, 6, and 7 of Rule 59 of our Rules of Civil Procedure. The trial court allowed the defendant's motion in Worthington and entered a written order which provided in part that: It being made to appear to the Court and the Court in its considered discretion being of the opinion that the Motion filed by the defendant in each case under Rule 59 of the North Carolina Rules of Civil Procedure should be allowed and granted. Id. at 480, 290 S.E.2d at 601. In affirming the trial court's order in Worthington, our Supreme Court emphasized that the trial court's order "after reciting defendant's grounds for the motion, stated that the court was awarding a new trial as a matter of 'its considered discretion' (and thus not as a matter of law). This fact is significant for it controls the scope of our review of the trial court's action." Id. at 481, 290 S.E.2d at 602.