Shaner v. Tucson Airport Authority, Inc.

OPINION

HOWARD, Chief Judge.

This is an appeal from a judgment entered on a directed verdict in favor of the appellees (defendants below). No evidence was presented at the trial. The motion for a directed verdict followed the opening statement of counsel for the plaintiff. The trial court gave counsel the opportunity to supplement the opening statement and he did so. The granting of a defense motion for directed verdict following a plaintiff’s opening statement has been approved when it is apparent that the plaintiff cannot present sufficient evidence to sustain a verdict in his favor. Slade v.…