Schmidt v. Pioneer United Dairies

This is a personal injury action brought by an employee against his employer. The trial court found in favor of the defendant on a challenge to the sufficiency of the evidence at the close of plaintiff’s case. From a judgment of dismissal, plaintiff appeals.

The trial court’s opinion discloses that it treated appellant’s evidence as true, and held, as a matter of law, that appellant had not established a prima facie case. In such a situation, our review of the evidence is limited to determining whether there is sufficient evidence or reasonable inference therefrom to establish a prima facie…