Audas v. Montgomery Ward, Inc.

This is a negligence action for personal injuries that resulted when plaintiff slipped and fell in defendant’s store. The jury returned a verdict for plaintiff, and the trial court granted defendant’s motion for judgment n.o.v. We reverse and remand.

When reviewing the propriety of a judgment n.o.v., we view the evidence in the light most favorable to the party that prevailed before the jury and reinstate the verdict, unless we can affirmatively say that there is no evidence to support it. Jacobs v. Tidewater Barge Lines, 277 Or 809, 562 P2d 545 (1977); Caldwell v. Pop’s Homes, Inc., 54 Or App…