Hallsmith-Sysco Food Services, LLC v. Letourneau

At a bench trial, defendant Ray Letourneau (“Letourneau”) moved for a “directed verdict” at the close of the evidence of plaintiff Hallsmith-Sysco Food Services, Inc. (“Hallsmith”). The motion was allowed. The trial judge should have treated the motion as one for a Mass. R. Civ. R, Rule 41(b) (2), involuntary dismissal and made written findings. As that was not done and as the evidence was not insufficient as a matter of law to permit a finding in its favor, we vacate the allowance of Letourneau’s “directed verdict” motion and return the case for a new trial.

Hallsmith, a wholesale food…