Thurston v. Ballou

The plaintiff Thurston was severely injured in a road accident and, in a regime of “comparative” negligence, has won a jury verdict and judgment representing one-half of the damage he suffered through the fault shared between the defendant Ballou (and thus Ballou’s corporate employer, also a defendant) and himself. The defendants appeal, claiming that the trial judge committed error, first, in denying their motions for a directed verdict at the close of the plaintiff’s case and again at the close of all the evidence, and, correspondingly, in denying their motion for judgment n.o.v. Connected…