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Trievel v. Sabo8/3/1998
rary statements to the police that are part of the evidence. None of these witnesses implicated Sabo in any manner. None testified that Sabo was speeding at the time of the accident. None testified that Sabo was doing anything other than traveling normally in the left hand passing lane of Route 1 heading northbound when the decedent entered his path leaving him no time to react. Even the driver of the white Lincoln, who testified for the plaintiffs, refused to fault Sabo.
Because the overwhelming evidence, viewed in the light most favorable to the Trievel Plaintiffs, can only lead to the Conclusion that Trievel's negligence was greater than any negligence attributable to Sabo, we find that the Superior Court properly granted Sabo's motion for judgment as a matter of law.
Completeness of Factual Record
The Trievel Plaintiffs lastly contend that because the testimony of defendant Sabo and his expert, and a viewing of the scene of the accident, were not before the Court at the time the trial Judge entered his ruling in favor of Sabo, the factual record was incomplete and, therefore, the trial court erred in prematurely entering judgment as a matter of law.
Superior Court Civil Rule 50 anticipates that a trial court may grant judgment as a matter of law when "a party has been fully heard on an issue." In this case, the Trievel Plaintiffs were permitted to fully present their case to the jury prior to the trial Judge's ruling. AM, the trial Judge specifically instructed the Trievel Plaintiffs to finish their liability case knowing that he would be considering Sabo's Rule 50 motion at the close of the Trievel Plaintiffs 7 case. We, therefore, find the Trievel Plaintiffs' argument to be without merit.
Conclusion
The Superior Court judgment is therefore AFFIRMED.
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