Wagner v. Roche Laboratories

This case requires us to interpret Civ.R. 50(A)(4) and to apply the standards contained in that rule to appellant’s claims of failure to warn, in order to determine whether appellant created a jury question sufficient to overcome appellees’ motion for a directed verdict. For the reasons which follow, we conclude that the trial court properly applied Civ.R. 50(A)(4) and correctly denied appellees’ motion for a directed verdict. We reverse the judgment of the court of appeals, and remand this cause to the court of appeals for further proceedings.

Civ.R. 50(A)(4) provides:

“When a motion for a…