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Seitz v. Scofield2/26/2002
ure to award damages in this case.
In her third and fourth assignments of error, Seitz argues that the trial judge erred in denying her motion for judgment notwithstanding the verdict and her motion for new trial.
A judgment notwithstanding the verdict ("JNOV") is warranted when the facts and inferences point so strongly and overwhelmingly in favor of one party that the court believes that reasonable men could not arrive at a contrary verdict. The motion should be granted only when the evidence points so strongly in favor of the moving party that reasonable men could not reach different conclusions, not merely when there is a preponderance of evidence for the mover. If there is evidence opposed to the motion which is of such quality and weight that reasonable and fair-minded men in the exercise of impartial judgment might reach different conclusions, the motion should be denied. Anderson v. New Orleans Public Service, Inc., 583 So.2d 829, 832 (La.1991). Refusal to render a judgment notwithstanding the verdict (JNOV) can only be overturned if it is manifestly erroneous. Delaney v. Whitney National Bank, 96-2144, 97-0254 (La.App. 4 Cir. 11/12/97), 703 So.2d 709, writ denied, 98-0123 (La.3/20/98), 715 So.2d 1211.
In this case, we have already concluded that the jury's finding was not clearly wrong. Further, viewing the record in its entirety, we cannot say that the jury's conclusion was unreasonable. Therefore, we cannot say that the trial court's refusal to grant the plaintiff's motion for judgment notwithstanding the verdict was manifestly erroneous.
Finally, granting or denying a motion for new trial rests within the wide discretion of the trial court and its determination shall not be disturbed absent an abuse of that discretion. Lambert v. State Through Dept. of Transp. & Development, 96-160 (La.App. 5 Cir. 10/16/96), 683 So.2d 839, 845. We find no abuse in the trial court's denial of plaintiff's motion for new trial. Accordingly, we find that plaintiff's third and fourth assignments of error lack merit.
In conclusion, we affirm the jury verdict and the trial court's denials of the Judgment Notwithstanding the Verdict and, alternatively, Motion for New Trial. The costs of this appeal are taxed to Seitz.
AFFIRMED.
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