Butler v. Thorpe

In this legal malpractice action, plaintiff appeals from a judgment entered on a directed verdict for defendants after the jury was unable to reach a verdict and the court had discharged the jury and declared a mistrial. Plaintiff contends that, once the jury had been discharged from its deliberations, the trial court lacked authority to direct a verdict. Defendants make a cross-assignment, contending that the trial court erred in denying their motion for a directed verdict at the close of their case and that the judgment should therefore be affirmed on that ground.1 Because we agree with…