Dibortolo v. Metropolitan School District of Washington Township

SULLIVAN, Judge.

Plaintiff, Mary Ann Dibortolo, brought a negligence suit against defendant, Metropolitan School District of Washington Township, for injuries which she sustained during a physical education class taught by the school’s physical education teacher. At the conclusion of the plaintiff’s case, and upon defendant’s motion, the trial court entered judgment on the evidence pursuant to Ind.Rules of Procedure, Trial Rule 50(A)(1). Plaintiff appeals.

We reverse.

In reviewing the trial court’s action, we adhere to the standard that judgment on the evidence is proper only where there is a…