Threlkeld v. Total Petroleum, Inc.

DeMOSS, Circuit Judge:

In this premises liability case, which was tried to a jury verdict in favor of Plaintiffs Herman and Mary Threlkeld, Total Petroleum, Inc. (“Total”) appeals from the final judgment entered by the district court, Magistrate Judge Wendell C. Radford, presiding, as well as from the district court’s denial of Total’s motion for judgment as a matter of law, or alternatively, for a new trial. For the reasons which follow, we find that the district court erred in denying Total’s motion for judgment as a matter of law; consequently, we will REVERSE the judgment entered by the…