Opinion

Davis v. Wal-Mart Stores, Inc.

99 La.App. 5 Cir. 723
751 So. 2d 357
2000 La. App. LEXIS 8
2000 WL 19021

Court: Louisiana Court of Appeal
Filed: Jan 12, 2000
Status: Published
Author: Bcannella
On the bench: Bcannella, Cannella, Edwards, Gothard, Lgothard
Cited by: 1 cases
Authority: More cited than 0.7%

The opinion

bCANNELLA, J.,

dissenting.

In my opinion, the trial judge erred in granting the JNOV. The jury determined that plaintiff failed her burden of proof, thereby finding defendant not liable for the accident. As stated by the majority, a JNOV should only be granted when the facts and inferences are so strongly and overwhelmingly in favor of one party that reasonable men could not have arrived at a contrary verdict. Kistner v. King, 98-641 (La.App. 5th Cir. 12/16/98), 726 So.2d 68, 70 . In this case, the facts and inferences are not so strongly and overwhelmingly in favor of plaintiff that reasonable men could not have arrived at a contrary verdict.

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