McEntire v. Mooregard Exterminating Services, Inc.

GOOLSBY, J.:

R.C. McEntire, Jr. and Pamela T. McEntire brought this action against Mooregard Exterminating Services, Inc., alleging, among other things, the breach of a termite contact. The jury found for Mooregard Exterminating. The McEntires filed a post-trial motion, seeking a new trial pursuant to the thirteenth juror doctrine. They also sought a judgment notwithstanding the verdict and, alternatively, a new trial. At no time during the trial itself did the McEntires move for a directed verdict. The trial court granted the McEntires “a new trial upon the facts,” as a ruling pursuant to the…