Manganello v. Permastone, Inc.

COPELAND, Justice.

The sole issue presented by this appeal questions whether the trial court erred in directing a verdict for the defendant. We hold that the trial court did commit error.

Before discussing the merits of this case, one procedural point deserves mention. Where the question of granting a di rected verdict is a close one, the better practice is for the trial judge to reserve his decision on the motion and allow the case to be submitted to the jury. If the jury returns a verdict in favor of the moving party, no decision on the motion is necessary and an appeal may be avoided. If the…