Stach v. Sears, Roebuck & Co.

Sears (defendant) appeals from the trial court’s denial of its motion for judgment against plaintiff notwithstanding the verdict (n.o.v.) or, in the alternative, for a new trial on plaintiff’s claim. Otis (third-party defendant) appeals from the granting of Sears’ motion for judgment n.o.v. against Otis on its third-party complaint, denial of Sears’ motion for judgment n.o.v. against plaintiff, and, alternatively, the failure to grant a new trial on plaintiff’s claim against Sears.

The issues presented are whether the trial court erred: (1) in allowing plaintiff to amend her complaint to…