Ryder v. Benfield

HEDRICK, Judge.

First, defendant assigns error to the denial of his timely motions for a directed verdict and for judgment notwithstanding the verdict. Defendant argues that the evidence fails to disclose any breach of duty on his part. To the contrary, he asserts, the evidence shows contributory negligence as a matter of law “because [plaintiff] was or should have been aware of the condition which he alleged resulted in his injury.”

In ruling on defendant’s motions for a directed verdict and for judgment notwithstanding the verdict, the test is whether the evidence was sufficient to entitle…