Streeter v. Cotton

JOHN, Judge.

In this motor vehicle negligence action, defendant Augusta Cotton appeals the trial court’s grant of judgment notwithstanding the verdict (JNOV) and new trial in favor of plaintiff Gloria Jean Streeter. Specifically, defendant argues the evidence presented by both parties regarding his alleged negligence was sufficient to submit the case to the jury, and that the new trial award was contrary to law and constituted an abuse of discretion. For the reasons set forth herein, we vacate the judgment of the trial court and remand with instructions.

At trial, plaintiff’s evidence tended to…