Case No. 2011-0606 Paula Eastley, Administrator of the Estate of Steven Hieneman v. Paul Holland Volkman, M.D., Denise Huffman, d/b/a Tri-State Health Care, and State Farm Fire and Casualty Company
Must Civil Defendant Renew Directed Verdict Motion at Close of All Evidence to Preserve 'Weight of Evidence' Issue on Appeal?
When Directed Verdict Was Sought but Denied at Close of Plaintiff's Evidence?
4th District Court of Appeals (Scioto County)
ISSUE: When the defendant in a civil lawsuit has moved the trial court to grant a directed verdict at the close of the plaintiff's evidence, and the court has denied that motion, if the jury later returns a verdict in favor of the plaintiff, does the defendant waive her right to challenge the verdict on appeal as contrary to the manifest weight of the evidence if she failed to renew her motion for a directed verdict at the close of all evidence, and did not move the trial court to grant either a new trial or judgment notwithstanding the verdict after the verdict was announced?