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Ferrer v. Ngo6/20/2003
tz, 66 Haw. 265, 271, 660 P.2d 1309, 1313 (1983)) (emphases added). In context, the word "his" in the quote refers to the plaintiff, not the defendant.
The above quote erroneously suggests that directed verdicts may be awarded only in favor of plaintiffs. As noted in Young v. Price, 48 Haw. 22, 395 P.2d 365 (1964), a case cited in Wakabayashi:
n motions for a directed verdict, the evidence and the inferences which may be fairly drawn from the evidence must be considered in the light most favorable to the party against whom the motion is directed and if the evidence and the inferences viewed in that manner are of such character that reasonable persons in the exercise of fair and impartial judgment may reach different conclusions upon the crucial issue, then the motion should be denied and the issue should be submitted to the jury.
Id. at 24, 395 P.2d at 367.
When a directed verdict in favor of the plaintiff is at issue, the question
is whether the evidence is such that, after giving to plaintiffs' evidence all value to which it is legally entitled, and indulging every legitimate inference which may be drawn from the evidence in plaintiffs' favor, it can be said that there is no evidence to support a jury verdict in plaintiffs' favor.
Lang v. Beech Aircraft Corp., 4 Haw. App. 237, 244, 663 P.2d 640, 644-45 (1983) (footnote and citation omitted). Therefore, Ferrer's citation of Makaneole does not support Ferrer's argument.
Moreover, when Ferrer did not cause a transcript of the trial to be made a part of the record on appeal, he failed his burden of establishing that the jury verdict was against the weight of the evidence. Hawaii Rules of Appellate Procedure (HRAP) Rule 10(b)(3) (2003); HRAP Rule 10(b)(2) (1999); Hawaiian Trust Co., Ltd. v. Cowan, 4 Haw. App. 166, 663 P.2d 634 (1983).
CONCLUSION
Accordingly, we vacate the May 2, 2001 Judgment on Taxation and Assessment of Costs denying Ngo's request for taxation of costs in the sum of $19,485.49 and remand for the award of reasonable costs consistent with this opinion. In all other respects, we affirm the December 11, 2001 Judgment on All Claims and Parties.
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