Johnston v. Sel-Mor Garment Co.

WEIER, Judge.

This is a common law action for personal injury brought by Russell Johnston against his employer, Sel-Mor Garment Co. Plaintiff’s injury to his back was alleged to have occurred during the course of his employment. A jury awarded the plaintiff $50,000 but the trial court set aside the judgment thereon and sustained the defendant’s motion for a judgment notwithstanding the verdict. Plaintiff filed an appeal and we now affirm the trial court’s disposition.

Russell Johnston was hired on December 27, 1973, as a material handler in the shipping department of Sel-Mor Garment Co. His…