Opinion
No. 73-138.
Opinion delivered November 13, 1973
NEW TRIAL — DISCRETION OF TRIAL COURT, ABUSE OF. — Granting a new trial because of refusal to grant a continuance in a personal injury action held not an abuse of discretion.
Appeal from Pulaski Circuit Court, Third Division, Tom F. Digby, Judge; affirmed.
Cockrill, Laser, McGehee, Sharp Boswell, for appellants.
Howell, Price, Howell Barron, for appellee.
Late in the afternoon of the day before trial of this rear end automobile collision case appellants Elaine Warren, a minor, and William C. Warren amended their general denial answer to plead contributory negligence. Over objections of appellee Betty Hayes and notwithstanding a motion for a continuance, the case was tried to a jury resulting in a $1,000 personal injury verdict. The trial court granted appellee a new trial. We cannot say that the trial court abused its discretion under the circumstances.
Affirmed.