Glover v. Oakwood Terrace Associated II Ltd.
Court of Appeals of Tennessee
1DissentFranks, Judge
There is material evidence to support the verdict of the jury which was approved by the trial judge. In my view, the majority ignores applicable law, i.e., a minor’s capacity for negligence is a jury question and substitutes its judgment for that of the trier of fact denying plaintiffs a trial by jury.
Where a jury verdict has been approved by the trial judge, appellate courts are required to take the strongest legitimate view of the evidence in favor of the result. If there is any material evidence to support that result, the judgment must be affirmed. See Overton v. Davis, 739 S.W.2d 2…
2Cases cited10 opinions
- Williams v. Town of MorristownCourt of Appeals of Tennessee · 1949
- Skaggs v. JunisAppellate Court of Illinois · 1960
- Dickeson v. Baltimore & Ohio Chicago Terminal RR. Co.Illinois Supreme Court · 1969
- Metropolitan Government of Nashville v. CountsTennessee Supreme Court · 1976
- Prater v. BurnsCourt of Appeals of Tennessee · 1975
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