Ogletree v. Navistar International Transportation Corp.

Beasley, Judge.

This is a wrongful death action for the death of plaintiff Ogle-tree’s husband, who died as a result of injuries he sustained when a truck driven and owned by Campbell backed into him. The dispositive questions on appeal are whether the trial evidence that contradicted key summary judgment evidence considered by this Court in an earlier appeal changed the evidentiary posture of the case so as to preclude the application of the law of the case rule and, if so, whether j.n.o.v. was proper. Both questions are answered in the affirmative, and we affirm the j.n.o.v. in favor of the…