A directed verdict with regard to liability is not warranted when trial testimony and written discovery establishes the defendant was negligent.

In this case the defendant admitted to partial liability in his answers to discovery, in the police report, and during his testimony at trial. The plaintiff argued that the court should have found in his favor on the issues of liability, negligence and proximate causation. The court ultimately found that the defendant’s testimony provided a basis for the jury to determine the plaintiff was partially negligent, contributing to the car accident. Ultimately, the jury found the plaintiff to be 20 percent at fault and the defendant 80 percent at fault. On appeal, the Superior Court determined the trial court properly denied a directed verdict on this issue.

_{Case Law Alerts, 1st Quarter, January 2019}

_{Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2019 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}