Simblest v. Maynard – Case Brief Summary
Summary of Simblest v. Maynard, 427 F.2d 1 (2d Cir. 1970).
Facts
A fire engine was being driven to a fire by Maynard (D) when it struck a car driven by Simblest (P). Simblest’s testimony was in conflict with all of the other witnesses including his own. The witnesses testified generally that the traffic light was inoperable due to a power outage and that the fire truck’s lights and sirens were engaged at the time of the accident.
At the close of the evidence the court denied Maynard’s motion for a directed verdict. The jury returned a verdict in favor of Simblest for $17,125 and the court granted Maynard’s motion for judgment notwithstanding the verdict. Simblest appealed.
Issue
What is the standard for determining whether a motion for judgment notwithstanding the verdict (JNOV) is appropriate?
Holding and Rule
The standard for determining whether a motion for judgment notwithstanding the verdict (JNOV) is appropriate is whether the evidence is such that, without weighing the credibility of the witnesses or otherwise considering the weight of the evidence, there can be but one conclusion as to the verdict that reasonable men could have reached.
In making such determination, in general the court may consider either: 1) all of the evidence, or 2) only the evidence favorable to the nonmovant and the uncontradicted unimpeached evidence unfavorable to the nonmovant. In this case, the court held that the evidence showed that Simblest had been contributorily negligent under either standard under Vermont law regarding a fire department vehicle approaching an intersection with a red light or siren engaged.
Disposition
Affirmed.
See World-Wide Volkswagen Corp. v. Woodson for a law school civil procedure case brief featuring a personal jurisdiction issue in a lawsuit for personal injuries resulting from a car accident.