Jackson v. Van Buskirk

I agree with the majority opinion except for its reliance on the statement that “The record indicates that there were other ladders and scaffolding which could have been used by Jacksonf.]” The majority opinion fails to note that evidence that other ladders and scaffolding were available to Jackson was disputed by Jackson. For the purposes of a motion for directed verdict the trial court cannot use disputed testimony. The trial court can only use undisputed testimony and must consider that evidence in the light most favorable to the non-moving party. Crilly v. Fitzsimmons, 73 S.D. 646, 48…