Taylor v. Walker

MEYER, Justice.

The issue presented in this case is whether the trial court erred when it granted defendants’ motion for judgment notwithstanding the verdict on the ground that plaintiff John Glen Taylor was contributorily negligent as a matter of law. The Court of Appeals, concluding that plaintiffs’ claim against defendants was indeed barred as a matter of law by Taylor’s own contributory negligence, held that the trial court did not err and affirmed its order accordingly. Because we find that the Court of Appeals misapplied the standard under our law for deciding the merits of a motion for…