German v. Kienow's Food Stores

Plaintiff appeals a judgment for the defendant in an action for damages sustained when her foot slipped on a grape and she fell to the floor of the produce department of a supermarket.

The trial court granted the defendant’s motion for a judgment notwithstanding the verdict, even though the defendant had failed during the trial to move for a directed verdict. The error in so ruling is manifest. ORS 18.140(1); ① Merritt v. S.I.A.C., 235 Or 121, 384 P2d 140 (1963). The issue here concerns the consequences of such an error.

The defendant did challenge the sufficiency of the plaintiff’s evidence by…