Rose Marie Day v. Gerald Toman

BEAM, Circuit Judge.

Appellant, Gerald Toman, appeals the district court’s 1 judgment overruling his motion for judgment notwithstanding the verdict, or in the alternative, a motion for a new trial. For the reasons set forth below, we affirm.

I. BACKGROUND

A. Alignment of the Parties

Appellee, Rose Marie Day, brought this case against Toman pursuant to an assignment by Doug Stewart of his claim against Toman and Indianola Insurance Agency for negligently failing to procure commercial liability insurance for Stewart’s business, Stewart Construction, Inc.

Day’s husband and son were killed while…