McBride v. KIECKHEFER ASSOCIATES, INC.

AMENDED OPINION

GEMMILL, Judge.

¶ 1 In this appeal we address the different roles of a trial judge when ruling on motions for judgment as a matter of law (“JMOL”) compared to motions for new trial. We also address the different standards of appellate review applied to such rulings.

¶ 2 Appellants Gerald L. McBride and Billie T. McBride filed an action for damages against Appellees Kieckhefer Associates, Inc., Eugene P. Polk, Barbara J. Polk, John I. Kieckhefer, and Lynda B. Kieckhefer. 1 KAI asserted a statute of limitations defense. McBride alleged the existence of an oral tolling agreement and…