Eaton v. McLain

OPINION

DROWOTA, Justice.

In this premises liability action, the plaintiff Pauline Eaton appeals from the Court of Appeals’ reversal of a judgment in her favor based on a jury verdict. In its verdict, the jury found that the negligence of both plaintiff and defendants, James and Tammy McLain, contributed to the plaintiffs injuries; and it allocated 40% of the total negligence to Eaton and 60% to the McLains. This case presents two issues for our determination: (1) whether the Court of Appeals was correct in holding that the trial court should have granted the defendants’ motion for judgment…