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Hollister v. Gallion2/19/2002
udgment notwithstanding the verdict or for a new trial. The Hollisters contend that they had 'no realistic opportunity' to have their motion heard on the merits because the new judge had not presided over the trial. The new judge, however, properly exercised his discretion to hear and deny the motion.
Jury instructions
The Hollisters assign error to two instructions the court gave on contributory negligence because, they argue, no evidence was presented to show that Mrs. Hollister was contributorily negligent. The jury did not reach the issue of Mrs. Hollister's contributory negligence because it found no negligence on Gallion's part. Therefore, any error in the contributory negligence instructions was harmless and not grounds for reversal.
CONCLUSION
We affirm the judgment of the trial court.
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