United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                     ___________

                                     No. 01-3203
                                     ___________

Otto J. Rose,                        *
                                     *
           Plaintiff-Appellant,      *
                                     *    Appeal from the United States
     v.                              *    District Court for the
                                     *    District of Minnesota.
Wal-Mart Stores, Inc.,               *
                                     *        [UNPUBLISHED]
           Defendant-Appellee.       *
                                ___________

                              Submitted: May 17, 2002
                                 Filed: June 24, 2002
                                  ___________

Before LOKEN, HEANEY, and MURPHY, Circuit Judges.
                           ___________

PER CURIAM.

       Otto J. Rose fell and was injured while shopping at a Wal-Mart store and
brought this negligence action against the parent company. The case was tried to a
jury which returned a verdict in Rose's favor. After judgment was entered, Wal-Mart
filed a motion to set aside the verdict and grant it judgment as a matter of law or grant
a new trial on a number of grounds. The presiding magistrate judge decided to hold
an evidentiary hearing on the motion and heard from several witnesses, after which
the court ordered a new trial in the interests of justice. The case went to trial again,
and this time the jury verdict was in favor of Wal-Mart. Rose appeals, arguing that
the court failed to comply with procedural rules and abused its discretion in granting
a new trial. The decision whether to grant a motion for a new trial is reviewed for
abuse of discretion. Walzer v. St. Joseph State Hosp., 

, 1111 (8th Cir.
2000). Upon examination of the record and the transcript, we cannot say that the
court's decision to grant a new trial represented an abuse of its discretion. We
therefore affirm the judgment.

      A true copy.

            ATTEST:

                     CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.




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