Isker v. Gardner

OPINION

CRIPPEN, Judge.

Appellant Scorpion contends the trial court erroneously granted plaintiff’s motion for judgment notwithstanding the verdict. Appellant asserts there was sufficient evidence presented at trial to support the jury’s finding that respondent Isker was contributorily at fault for injuries he sustained as a passenger on a snowmobile. We reverse.

FACTS

After dark on the evening of December 8, 1978, respondent Robert Isker sustained severe hand injuries after falling from a snowmobile manufactured by Scorpion Industries, Inc., (Scorpion) and driven by Roger Gardner. Isker brought…