Tincher v. Davidson

OPINION

BROOK, Judge

Case Summary

Appellant-plaintiff Brian S. Tincher (“Tincher”) appeals the trial court’s declaration of a mistrial and denial of his motion for judgment on the evidence in his action against appellee-defendant Brian S. Davidson (“Davidson”). We affirm.

Issues

We consolidate and restate the issues raised by the parties as follows:

I. whether the trial court abused its discretion in declaring a mistrial; and

II. whether the trial court properly denied Tincher’s motion for judgment on the evidence under Indiana Trial Rule 50.

Facts and Procedural History

On September 2, 1993,…