Ford v. Herman

The defendant, Wilbert Herman, appeals from the trial court’s March 5, 1999, order denying his posttrial motion. We affirm.

Facts

On August 19, 1996, Wilbert Herman (Herman) was working with others doing home construction. At the end of this particular workday, the men planned on waiting at the jobsite until the property owner arrived. While waiting, Herman left the site temporarily, returning with a 12-pack of beer he had just purchased. Herman admits to having consumed eight or nine of those beers in the following 90 minutes. The property owner never arrived, and although Herman realized that…