Burton v. Williams

HUNTER, Robert C., Judge.

Defendant Tony A. Williams appeals from the trial court’s directed verdict in favor of plaintiff Luther G. Burton, the administrator of the estate of Walter Nicks Burton, Sr. Defendant’s principal argument is that the trial court violated his constitutional right to a jury trial by granting plaintiff’s motion for a directed verdict at the close of plaintiff’s evidence because plaintiff was the party with the burden of proof at trial. Our Supreme Court, however, has held that the right to a jury trial is not absolute and is predicated on a preliminary determination by…