Viland v. Winslow

Plaintiff, Les Viland, brought this suit against defendant, Max Winslow, a periodontist, alleging malpractice. After the close of all proofs, the trial judge granted defendant’s motion for directed verdict and dismissed the jury. Plaintiff appeals as of right.

When a motion for directed verdict is made at the close of all proofs, the trial judge, having heard all the evidence to be presented in the case, applies the same test for determining the sufficiency of evidence as in motions for judgment notwithstanding the verdict. See GCR 1963, 515.2; Yacobian v. Vartanian (1922), 221 Mich 25; Hes v.…