Mary A. Wisniewski, Widow of Robert Wisniewski v. The Prudential Insurance Corporation of America

I respectfully dissent. On a motion for a directed verdict, the evidence adduced by the plaintiff and all reasonable inferences to be drawn therefrom are to be viewed in a light most favorable to her. The trial court may not weigh the evidence since this is the function of the jury. Webb v. Illinois Central R. Co., 352 U.S. 512, 77 S.Ct. 451, 1 L.Ed.2d 503 (1957); Sano v. Pennsylvania Railroad Co., 282 F.2d 936 (C.A. 3, 1960). The Supreme Court has stated that, viewed in this perspective, actions are solely for the jury “in all but the infrequent cases where fair-minded jurors cannot honestly…