Pisel v. ITT Continental Baking Co.

Appellants’ major challenge in the cause at bar stems from the trial court’s refusal to grant their motion for a directed verdict. Appellants argue that the trial court erred when it submitted the instant cause to the jury on the question of whether Brubaker’s (hereinafter “appellant”) behavior amounted to wanton misconduct.

A perusal of the evidence in the manner required by Civ. R. 50(A)(4) * demonstrates that on November 1, 1973, at *143about 7:15 p.m., after darkness had descended, David Pisel (hereinafter “appellee”) was operating his motorcycle westerly on U. S. Route 30 in Mansfield, Ohio.…