Cody v' Atkins Supreme Court of Wyoming 1983

1
Cody v. AtkinsSupreme Court of Wyoming (1983)

• Motions for directed verdict, judgment
  notwithstanding verdict, and new trial

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Cody v. Atkins

• What is a motion for directed verdict?
• This is a request of the court to evaluate the
  evidence presented at trial and rule in favor of
  the side making the motion rather than letting
  the jury decide the case.

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Cody v. Atkins

• Under what circumstances can the court grant a
  motion for directed verdict?
• If the judge considers the evidence in the light
  most favorable to the party that wants the jury
  to decide and still determines that no reasonable
  jury could decide in favor of the side that wants
  the jurys decision. Then the motion can be
  granted.

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Cody v. Atkins

• What is a motion for judgment notwithstanding
  verdict.
• It is a request to the court to set aside
  (ignore) the verdict of the jury and is usually
  accompanied by a motion for a new trial.

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Cody v. Atkins

• When can the court grant a motion for judgment
  notwithstanding verdict?
• In general, the judge can only do this when there
  has been a serious error on the part of the jury
  and thus a gross miscarriage of justice.

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Cody v. Atkins

• What are the Constitutional reasons why courts
  must be very careful about granting motions for
  directed verdicts and judgments notwithstanding
  verdict?
• Amendment VII (p. 723) Ignoring the jury creates
  serious procedural due process issues.

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Cody v. Atkins

• Why do you think that the trial court judge
  denied the plaintiffs motions for a directed
  verdict, judgment notwithstanding verdict, and
  new trial?
• The facts left in doubt important issues that a
  jury should be able to decide. Generally hitting
  a stationary object is negligent, but the icy
  conditions raised doubts about the defendants
  negligence.