Brager v. Coca-Cola Bottling Co. of Fargo

OPINION

LESLIE, Judge.

This appeal is from a judgment entered for respondent David Brager notwithstanding a jury verdict against him on his claim of negligence against appellant Coca-Cola and its employee-driver, Richard Fee. The court directed entry of judgment for the damages found by the jury, and ordered a new trial in the event of a reversal of the judgment notwithstanding the verdict. We reverse both the judgment and the conditional order for a new trial.

FACTS

The automobile accident involved in this action occurred at approximately 4 p.m. on Friday, February 24, 1978, on U.S. Highway 10…