ELLETT, Justice:
This appeal is in two parts: first, from the ruling of the trial court in granting plaintiff’s motion for a new trial after the jury verdict for defendants, and, second, from a jury verdict in favor of plaintiff in the second trial. The defendants contend that the two verdicts being opposite show conclusively that there were jury questions and, therefore, the court should have refused to grant a motion for a new trial after an errorless first trial.
The facts of the case are not in substantial dispute. On a wintry day the defendant Johnson was following plaintiff in a westerly direction down a winding, two-lane canyon road awaiting an opportunity to pass him. There were patches of snow and ice on the road at the time. Because of the curves in the road, the defendant could see the plaintiff about one-half of the time as he followed down the canyon for a distance of approximately a mile before a rear-end collision occurred. The plaintiff never did see the defendants’ truck until after the impact.
The plaintiff was traveling at a speed between 20 and 25 miles per hour, and as he rounded a curve, he noticed a small dog approximately 35 yards ahead of him near the right-hand edge of the pavement. He slowed his car to a speed of approximately 10 miles per hour, and when he was near the dog, it veered from its line of travel as if to cross the road. The plaintiff then applied his brakes a second time, slowing his car to a speed of approximately five miles per hour, at which time he was struck in the rear by the truck driven by the defendant Johnson.
The movements of Mr. Johnson and his reasons for making them were these: He had driven the route about 1,000 times and knew the road well. He knew there was a straight strip of road just around the curve where he could pass plaintiff’s car, and he made his approach to pass as soon [390]*390as he had a view down the straight part of the canyon. At the time when his front bumper was a few feet behind the rear bumper of plaintiff’s car and to the left of the center of the highway, his right rear wheel was still in the westbound lane of travel. At that time Mr. Johnson observed the brake lights of plaintiff’s car flash on. tie did not know what caused the plaintiff to apply the brakes, as he could not or did not see the dog. Fearing that plaintiff might skid across the center of the icy road, he pulled back into the westbound lane of traffic with the front of his truck only a couple of feet behind plaintiff’s automobile. When plaintiff slowed the second time, the collision occurred.
Upon these facts, opposite verdicts were rendered by the two juries.
The contention that the court erred in granting a new trial is not well based. In the early Utah case of Newton v. Brown, 2 Utah 126, an appeal was taken from the granting of plaintiff’s motion for a new trial, and in affirming the lower court, this court at pages 129 and 130 said:
When the motion for a new trial is founded upon the insufficiency of the evidence to support the verdict and judgment, a large discretion is vested in the court below, in refusing or granting the motion. It must plainly appear that this discretion has been abused before the Appellate Court will interfere with this action in granting the motion upon this ground.
In the case before us, the record shows that the testimony was, to say the least, very conflicting, and in such cases the granting or refusing a new trial rests peculiarly in the discretion of the court. [Citations omitted.]
There have been a number of Utah cases since the Newton case holding to the same effect. These cases are referred to in King v. Union Pac. R. Co., 117 Utah 40, 212 P.2d 692 (1949). In that case, as here, the court granted a new trial after the first jury rendered a verdict in favor of the defendant. The defendant there argued that the preservation of the right to trial by jury requires the trial court in most cases to uphold the verdict of the jury when it is supported by substantial competent evidence, even though the record may be such that the jury well might have found otherwise. In affirming the ruling granting the new trial, this court at page 48 of the Utah Reports quoted from the case of Nelson v. Angelus Hospital Ass’n of Los Angeles, 23 Cal.App.2d 71, 72 P.2d 169, 171, as follows:
The law is well established that, on consideration of a motion for new trial on the ground of insufficiency of the evidence to justify the verdict or decision, a trial court is not particularly concerned with the fact (if it so appear) that * * * the evidence [is] “con[391]*391flicting.” To the contrary, notwithstanding any such conflict, or even though the apparent weight of the evidence should be in support of the “verdict or decision,” since it is the personal duty of the trial judge to weigh and to consider the evidence and to reach a just conclusion thereon, if he be satisfied that the verdict or decision in question is not in fact supported by the evidence, or that it is contrary to the weight of the evidence, he is not only authorized, but it is his bounden duty to grant the motion for new trial. 20 Cal.Jur. 117, 118, and authorities there cited. In such a situation, on appeal from the order, all that is required to sustain it is the fact that the record discloses substantial evidence in support of the conclusion that has been reached by the trial court in that respect.
In Marshall v. Ogden Union Ry. & Depot Co., 118 Utah 161, 221 P.2d 868 (1950), the trial court granted the defendant’s motion for a new trial after a verdict for plaintiff, and the second jury returned a verdict in favor of defendant for no cause of action. The plaintiff there appealed, claiming the trial court abused its discretion in granting the motion for a new trial. In affirming the lower court’s ruling granting the new trial, this court at page 164 of the Utah Reports said:
The granting or denying of a motion for a new trial is within the sound discretion of the trial court. When a trial court grants a new trial we will not disturb its action unless it is manifestly apparent that the court has abused its discretion. Abuse of discretion does not occur when there is a reasonable basis for the court’s action and there is a probability that a different result will ensue. * * * [Emphasis added.]
In view of the foregoing, we hold that in the instant case the trial court did not err in granting the motion for a new trial.
The defendants herein assign errors at the second trial in that the court refused to instruct the jury that nothing could be awarded for possible future surgery and in accepting a revised verdict from the jury. They apparently think that unless a plaintiff has over 50 percent chance of having surgery, no award can be made therefor. The doctor testified regarding the need by the plaintiff for future surgery as follows:
Q. How would you characterize that chance? Can you ascribe a percentage to it ?
A. Yes. I think Larry has about a 15 per cent chance of requiring surgery. This is what we have found on the basis of studies of following people with similar injuries over a long period of time.
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ELLETT, Justice:
This appeal is in two parts: first, from the ruling of the trial court in granting plaintiff’s motion for a new trial after the jury verdict for defendants, and, second, from a jury verdict in favor of plaintiff in the second trial. The defendants contend that the two verdicts being opposite show conclusively that there were jury questions and, therefore, the court should have refused to grant a motion for a new trial after an errorless first trial.
The facts of the case are not in substantial dispute. On a wintry day the defendant Johnson was following plaintiff in a westerly direction down a winding, two-lane canyon road awaiting an opportunity to pass him. There were patches of snow and ice on the road at the time. Because of the curves in the road, the defendant could see the plaintiff about one-half of the time as he followed down the canyon for a distance of approximately a mile before a rear-end collision occurred. The plaintiff never did see the defendants’ truck until after the impact.
The plaintiff was traveling at a speed between 20 and 25 miles per hour, and as he rounded a curve, he noticed a small dog approximately 35 yards ahead of him near the right-hand edge of the pavement. He slowed his car to a speed of approximately 10 miles per hour, and when he was near the dog, it veered from its line of travel as if to cross the road. The plaintiff then applied his brakes a second time, slowing his car to a speed of approximately five miles per hour, at which time he was struck in the rear by the truck driven by the defendant Johnson.
The movements of Mr. Johnson and his reasons for making them were these: He had driven the route about 1,000 times and knew the road well. He knew there was a straight strip of road just around the curve where he could pass plaintiff’s car, and he made his approach to pass as soon [390]*390as he had a view down the straight part of the canyon. At the time when his front bumper was a few feet behind the rear bumper of plaintiff’s car and to the left of the center of the highway, his right rear wheel was still in the westbound lane of travel. At that time Mr. Johnson observed the brake lights of plaintiff’s car flash on. tie did not know what caused the plaintiff to apply the brakes, as he could not or did not see the dog. Fearing that plaintiff might skid across the center of the icy road, he pulled back into the westbound lane of traffic with the front of his truck only a couple of feet behind plaintiff’s automobile. When plaintiff slowed the second time, the collision occurred.
Upon these facts, opposite verdicts were rendered by the two juries.
The contention that the court erred in granting a new trial is not well based. In the early Utah case of Newton v. Brown, 2 Utah 126, an appeal was taken from the granting of plaintiff’s motion for a new trial, and in affirming the lower court, this court at pages 129 and 130 said:
When the motion for a new trial is founded upon the insufficiency of the evidence to support the verdict and judgment, a large discretion is vested in the court below, in refusing or granting the motion. It must plainly appear that this discretion has been abused before the Appellate Court will interfere with this action in granting the motion upon this ground.
In the case before us, the record shows that the testimony was, to say the least, very conflicting, and in such cases the granting or refusing a new trial rests peculiarly in the discretion of the court. [Citations omitted.]
There have been a number of Utah cases since the Newton case holding to the same effect. These cases are referred to in King v. Union Pac. R. Co., 117 Utah 40, 212 P.2d 692 (1949). In that case, as here, the court granted a new trial after the first jury rendered a verdict in favor of the defendant. The defendant there argued that the preservation of the right to trial by jury requires the trial court in most cases to uphold the verdict of the jury when it is supported by substantial competent evidence, even though the record may be such that the jury well might have found otherwise. In affirming the ruling granting the new trial, this court at page 48 of the Utah Reports quoted from the case of Nelson v. Angelus Hospital Ass’n of Los Angeles, 23 Cal.App.2d 71, 72 P.2d 169, 171, as follows:
The law is well established that, on consideration of a motion for new trial on the ground of insufficiency of the evidence to justify the verdict or decision, a trial court is not particularly concerned with the fact (if it so appear) that * * * the evidence [is] “con[391]*391flicting.” To the contrary, notwithstanding any such conflict, or even though the apparent weight of the evidence should be in support of the “verdict or decision,” since it is the personal duty of the trial judge to weigh and to consider the evidence and to reach a just conclusion thereon, if he be satisfied that the verdict or decision in question is not in fact supported by the evidence, or that it is contrary to the weight of the evidence, he is not only authorized, but it is his bounden duty to grant the motion for new trial. 20 Cal.Jur. 117, 118, and authorities there cited. In such a situation, on appeal from the order, all that is required to sustain it is the fact that the record discloses substantial evidence in support of the conclusion that has been reached by the trial court in that respect.
In Marshall v. Ogden Union Ry. & Depot Co., 118 Utah 161, 221 P.2d 868 (1950), the trial court granted the defendant’s motion for a new trial after a verdict for plaintiff, and the second jury returned a verdict in favor of defendant for no cause of action. The plaintiff there appealed, claiming the trial court abused its discretion in granting the motion for a new trial. In affirming the lower court’s ruling granting the new trial, this court at page 164 of the Utah Reports said:
The granting or denying of a motion for a new trial is within the sound discretion of the trial court. When a trial court grants a new trial we will not disturb its action unless it is manifestly apparent that the court has abused its discretion. Abuse of discretion does not occur when there is a reasonable basis for the court’s action and there is a probability that a different result will ensue. * * * [Emphasis added.]
In view of the foregoing, we hold that in the instant case the trial court did not err in granting the motion for a new trial.
The defendants herein assign errors at the second trial in that the court refused to instruct the jury that nothing could be awarded for possible future surgery and in accepting a revised verdict from the jury. They apparently think that unless a plaintiff has over 50 percent chance of having surgery, no award can be made therefor. The doctor testified regarding the need by the plaintiff for future surgery as follows:
Q. How would you characterize that chance? Can you ascribe a percentage to it ?
A. Yes. I think Larry has about a 15 per cent chance of requiring surgery. This is what we have found on the basis of studies of following people with similar injuries over a long period of time. Fifteen per cent will eventually require surgery.
[392]*392In order to recover damages for any injury or harm, the plaintiff must convince the jury by a preponderance of the evidence that the injury has been or will be sustained. This does not mean that the chances of sustaining the harm must be over SO percent. It means that the jury must be convinced by a preponderance of the evidence that there is a definite risk of harm, and when so convinced, the jury will evaluate that risk.
Here the preponderance of the evidence was to the effect that 15 out of each 100 people in the condition of the plaintiff would positively require future surgery. There is nothing speculative about it. The percentage is certain. The value to be placed upon that percentage is for the jury to determine. If the law were as defendants hope it is and there were 100 cases like the instant one, the jury would know that IS of the plaintiffs would surely require the surgery and be entitled to recover therefor, yet none of them could recover because no one plaintiff could convince the jury that he himself had more than a SO percent chance of requiring the surgery. This reasoning would give an undeserved advantage to the wrongdoing defendant.
In the second case the judge instructed the jury that special damages could not exceed the sum of $377.50. The jury returned a verdict as follows:
General. $ 1,700.00
Special . 10,000.00
Total .. $11,700.00
There was clearly a mistake made, and the judge directed the jury as follows:
Ladies and gentlemen of the jury, the Court, in examining the verdict returned by you, is of the opinion that there appears on the face of it an obvious error in view of the instructions given to you. I’m going to ask you to return to the jury room and reconsider your verdict in lieu of those instructions. There are 37 of them. I do see an obvious error. I’m going to take the liberty, without discussing it with counsel, to ask you when you go back and re-deliberate and seeing if there is an obvious error in this verdict, to particularly pay attention to instructions with regard to damages. Look at those instructions, please, and I will ask you to go with the bailiff back to the jury room and to do that for me, will you, please, and then of course you return the verdict as you find it after you have done what I have asked you to do.
The jury retired and in a few moments returned with the verdict corrected as follows :
11,322.50
General. $ 4¿m©0 14,352,50
Special . 40^00,00 377.50
Total .. $11,700.00
The defendants complain because they say the jury did not take time to re-deliberate on the issues. Rule 47(r), U.R.C.P., provides that “if the verdict rendered is informal or insufficient, it may be corrected by the jury under the advice of the court, [393]*393or the jury may he sent out again.” The trial judge elected to send the jury out to correct the verdict, and there was no error in doing so. Jorgensen v. Gonzales, 14 Utah 2d 330, 383 P.2d 934(1963).
The error was undoubtedly induced by failure on the part of the jury to understand the difference between the terms “general damage” and “special damage.” It is obvious Chat after deliberating on the evidence, the jury had arrived at a verdict of $11,700, and so the only amount of time which they would require to correct the verdict would be that which would enable them to adjust the figures between general and special damages.1
We see no prejudicial error in any of the rulings in this matter, and we, therefore, affirm the judgment. Costs are awarded to the respondent.
[394]*394CROCKETT, C. J., and CALLISTER and TUCKETT, JJ-, concur.