Legal Memorandum: Standard of review for a grant or denial of a motion for directed verdict

Issue: Under Illinois law, what is the standard of review of a grant or denial of a motion for directed verdict?

The trial court may enter a directed verdict when all of the evidence, viewed in the light most favorable to the nonmovant, so overwhelmingly favors the movant that no contrary ruling based on the evidence could ever stand. Stehlik v. Village of Orland Park, 2012 IL App. (1st) 091278, ¶ 34. A directed verdict is improper where there is any evidence, together with reasonable inferences to be drawn therefrom, demonstrating a substantial factual dispute, or where the assessment of credibility of the witnesses or the determination regarding conflicting evidence is decisive to the outcome. Susnis ex rel. Susnis v. Radfar, 317 Ill.App.3d 817, 826 (2000). We review the grant or denial of a motion for a directed verdict de novo. Jones v. DHR Cambridge Homes, Inc., 381 Ill.App.3d 18, 28 (2008).

Fragogiannis v. Marshall, No. 1-14-1788, 1-14-2706, 2016.IL.000208 (Feb. 2, 2016) (VersusLaw).

Date: March 1, 2016
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