Nickell v. Gonzalez

The issue before us is whether the judgment notwithstanding the verdict (“j.n.o.v.”) was properly granted by the trial court judge in favor of the plaintiffs. For the reasons set forth below we find that the j.n.o.v. was erroneously granted and affirm the decision of the court of appeals.

The standard for granting a motion for j.n.o.v. is the same as that necessary to sustain a motion for a directed verdict. Agers v. Woodard (1957), 166 Ohio St. 138 [1 O.O.2d 377], at paragraph one of the syllabus. As we set forth in Posin v. A.B.C. Motor Court Hotel (1976), 45 Ohio St. 2d 271, 275 [74 O.O.2d…