Straub v. Cherne Industries

OPINION

Chief Justice CAPPY.

In this case, the Superior Court concluded that Appellee Cherne Industries (“Cherne”) was entitled to post-trial relief in the form of a judgment notwithstanding the verdict (“judgment n.o.v.”). We presently consider whether the Superior Court correctly determined that Cherne did not waive the ground upon which its request for a judgment n.o.v. was based. For the following reasons, we conclude that the Superior Court erred. Accordingly, we reverse the Order of the Superior Court.

The relevant facts and procedural history are as follows. Appellant Douglas Straub…