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Issue: In Utah, may a trial court deny a motion for directed verdict when evidence of negligence exists and no expert testimony was required?
| Area of Law: | Litigation & Procedure, Personal Injury & Negligence |
| Keywords: | Denial of a motion for directed verdict; Evidence; Question of material fact |
| Jurisdiction: | Utah |
| Cited Cases: | 770 P.2d 116; 930 P.2d 280; 119 Utah 385; 310 P.2d 523; 398 S.W.2d 45; 548 N.W.2d 381; 665 P.2d 1297; 166 N.W.2d 605; 400 P.2d 209; 990 P.2d 391; 990 P.2d 933; 380 S.E.2d 714; 905 P.2d 297; 227 P.2d 772; 898 P.2d 1379; 442 P.2d 944; 584 P.2d 814; 820 P.2d 482; 376 So. 2d 409; 652 P.2d 896 |
| Cited Statutes: | None |
| Date: | 06/01/2000 |
A party who moves for a directed verdict “has the very difficult burden of showing that no evidence exists that raises a question of material fact.” TA s "Alta Health Strategies Inc. v. CCI Mechanical Serv.," c 1 l "Alta Health Strategies Inc. v. CCI Mechanical Serv.,930 P.2d 280 (Utah Ct. App. 1996)"Alta Health Strategies Inc. v. CCI Mechanical Servs., 930 P.2d 280, 284 (Utah Ct. App. 1996). Where a party appeals the denial of a motion for directed verdict, the appellate court is required to examine “the evidence and all reasonable inferences that may fairly be drawn therefrom in the light most favorable to the party moved against, and will sustain the denial if reasonable minds could disagree with the ground asserted for directing a verdict.” TA s "Mahmood v. Ross, 990 P.2d 933, 937 (Utah 1999) " c 1 l "Mahmood v. Ross, 990 P.2d 933 (Utah 1999) "Mahmood v. Ross, 990 P.2d 933, 937 (Utah 1999) (quoting TA s "White v. Fox, 665 P.2d 1297, 1300 (Utah 1983)" c 1 l "White v. Fox, 665 P.2d 1297 (Utah 1983)"White v. Fox, 665 P.2d 1297, 1300 (Utah 1983)). Stated differently, if there is any evidence raising a question of material fact, a directed verdict is improper and the denial must be affirmed. TA s "Kleinert v. Kimball Elevator Co., 905 P.2d 297, 299 " c 1 l "Kleinert v. Kimball Elevator Co., […]