All Types Truck Sales, Inc. v. Carter & Mullings, Inc.

MAXWELL, J.,

for the Court:

■ ¶ 1. A judge sitting in a bench trial should grant a defendant’s motion for an involuntary dismissal at the close of a plaintiffs case'if, after viewing the evidence fairly, the judge would find for the defendant. That" is exactly what happened here. The trial judge dismissed All Types Track ’ Sales Inc.’s negligence claims against Carter & Mullings Incorporated (Carter) — a construction company tasked with widening the public roadway where All Types’ business was located. We find no manifest error in the trial judge’s dismissal.

¶ 2. We also find no abuse of…