Lowery v. Owen M. Taylor & Sons, Inc.

ARCHIBALD, Justice.

Despite a jury finding that plaintiff Robert Lowery’s negligence was less than that of the defendant, Owen M. Taylor and Sons, Inc. (Taylor), and despite the fact that the jury reduced the total damages from $182,-000.00 to $127,400.00, a Justice of the Superior Court, on Taylor’s motion for judgment n.o.v., determined as a matter of law that plaintiff’s negligence was more “blameworthy” than that of the defendant. He granted the motion, judgments were accordingly entered for the defendant, from which the plaintiff has appealed. 1

We sustain the appeal.

Since Maine adopted…