Rettinger v. Bresnahan

The jury returned a verdict for defendants. Plaintiff appeals from a judgment dismissing his action.

Appellant assigns as error the trial court’s denial of his motion for judgment notwithstanding the verdict of the jury for the reason that there was neither evidence nor reasonable inference from the evidence to justify the verdict.

In Omeitt v. Department of Labor & Industries, 21 Wn. (2d) 684, 152 P. (2d) 973, we said:

“It is the firmly established rule that a motion for judgment notwithstanding the verdict involves no element of discretion and will not be granted unless the court can say, as a…