![]() Judgment notwithstanding verdict only proper when verdict is plainly wrong or without credible evidence to support it. Even in absence of defense evidence to contrary, jury could have found simply that plaintiff failed to meet burden of proof.ġ986 Fobbs v. Burden of proof is on plaintiff to prove standard of care, deviation, proximate cause and damages. ![]() Jury verdict for defendant in this medical malpractice case should not have been set aside by trial court. As such, there was evidence in record to support jury verdict in favor of John Doe either because there was no John Doe vehicle or because plaintiff failed to establish that John Doe was negligent.ġ992 Rogers v. There was no impact between the vehicles nor was there any skid marks or debris identifying location of Doe vehicle. Plaintiff testified that it looked like approaching Doe vehicle was on his side of the road. There was evidence of alcohol consumption by plaintiff which was objected to at trial but objection was not preserved on appeal. Plaintiff was passenger in truck that left road causing severe injuries to plaintiff. In this case, the question of contributory negligence was properly submitted to the jury.ġ999 Allstate Ins. Recipient of jury verdict is entitled to the benefit of all substantial conflicts in the evidence as well as reasonable inferences that may be drawn from the evidence. Trial court is reversed in this case on the grounds that a jury issue was presented. Trial court set verdict aside on the grounds of contributory negligence. Plaintiff claimed he did not see the vehicle extending into his lane because of vehicle that was in front of him as he approached defendant’s vehicle. 383, 611 S.E.2d 404.Īuto accident case where a defendant’s vehicle was 14-feet wide on a 12-foot road and therefore, it extended into plaintiff’s lane. Judgment Notwithstanding Verdict-CasesĢ005 Jenkins v. ![]() For more information on the topic of judgment notwithstanding verdict see the pages on Wikipedia. Judgment Notwithstanding Verdict is a page within Virginia Tort Case Law which is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Judgment Notwithstanding Verdict and the related topic of personal injury.
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