Price

—Barbara Price appeals from a judgment in a negligence action arising from a motor vehicle accident and an order denying her motion for a new trial. The two primary issues raised on appeal are whether the judgment was supported by substantial evidence and whether the trial court abused its discretion in denying her motion for a new trial. Because we conclude the trial court abused its discretion in denying Price’s motion for a new trial, we reverse.

I. Statement of Facts and Proceedings Below

Barbara Price filed a complaint for damages against Robert T. Giles, Jr., on July 8, 1983, alleging he was negligently operating a motor vehicle when it hit a tree causing her personal injuries. The action went to trial by jury on March 5, 1986. The jury rendered a verdict in favor .of defendant and made the special finding he was not negligent. Price moved for a new trial on the grounds of insufficiency of the evidence to justify the verdict (Code Civ. Proc., § 657, subd. 6), surprise (Code Civ. Proc., § 657, subd. 3), and irregularity in the proceedings (Code Civ. Proc., § 657, subd. 1). The motion was denied. Price timely appealed.

On July 4, 1982, Price, who wás 17 years old,…