Reavis v. Solminski

I must respectfully dissent. However, in doing so, I wish to begin by noting my agreement with the plurality on several points.

Although the plurality does not deal separately with the district court’s overruling of the motion for directed verdict made by the defendant-appellant and cross-appellee, James Slominski, D.D.S., at the close of the evidence presented by the plaintiff-appellee and cross-appellant, Mary Reavis, I agree that Slominski cannot successfully predicate error on that ruling, for by adducing evidence after the ruling, he waived any error such ruling may have created. See…