Wooten v. Warren Ex Rel. Gilmer

THOMPSON, Judge.

Defendant assigns error to (1) the denial of her motion for directed verdict, (2) the admission of expert testimony, and (3) the jury charge.

I. Motion for Directed Verdict

We first discuss defendant’s assignment of error relating to the trial court’s refusal to consider her motion for a directed verdict. Defendant argues that the trial court should have considered the motion and that if it had done so, it would have granted the motion. We agree that the trial court should have considered the motion. “ ‘[T]he earlier denial of a motion for summary judgment should not, in any…