Scarborough v. Dillard's Inc.

WYNN, Judge.

A motion for judgment notwithstanding the verdict should be denied if there is more than a scintilla of evidence to support the plaintiffs prima facie case.1 Here, the plaintiff argues the trial court erred in granting the defendant’s motion for judgment notwithstanding the verdict as to punitive damages because there was sufficient evidence to support the jury’s punitive damages award. Because we find more than a scintilla of evidence to support the jury’s punitive damages award, we must reverse the trial court’s grant of judgment notwithstanding the verdict as to punitive…