Averill v. Red Lion

Plaintiff appeals from a judgment for defendant notwithstanding a jury verdict in plaintiffs favor. She appeals on two grounds. First, she contends that the trial court erred in granting defendant’s motion for judgment n.o.v. because the motion was not timely filed. Second, she contends that the court erred in granting the motion because there was evidence to support the jury’s verdict in her favor. Defendant cross-assigns as error various trial court rulings related to the timeliness of the motion for judgment n.o.v. We reverse.

We review first the timeliness of the motion. The trial court…