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Reese v. Summers8/30/2001
gly in favor of White that reasonable men could not have arrived at a contrary verdict, granting the peremptory instruction is required." White, 513 So.2d at 602 (emphasis added). Rule 50, M.R.C.P., mandates that a directed verdict (or peremptory instruction) be granted when any other verdict would be erroneous as a matter of law. The Comment to Rule 50 explains that it is a "device for the court to enforce the rules of law by taking away from the jury cases in which the facts are sufficiently clear that the law requires a particular result." The facts before us require a finding that the defendants were negligent as a matter of law, and a peremptory instruction should have been given to this effect.
. Jury Instruction 10 also required the jury to reduce any award for Reese by the percentage of negligence that was attributed to Thompson. The jury found the driver, Thompson, to be 30 percent at fault for the accident, but failed to attribute any fault whatsoever to the passenger, Reese. In their brief to this Court the defendants have not alleged that Reese was in any way negligent, nor is there any evidence of negligence on his part. He cannot be because he was a passenger. The circuit court therefore erred when it penalized Reese for Thompson's negligence by reducing Reese's recovery by 30 percent when he was not at fault in any way. Reese should be compensated for the full measure of his damages.
. Because the defendants' liability was established as a matter of law, the circuit court erred in failing to grant a peremptory instruction as to their liability. The circuit court also erred in reducing Reese's recovery because of Thompson's negligence. I would reverse and remand for a new trial or at the very least award Reese the full measure of his damages, $47,200. Accordingly, I dissent.
EASLEY, J., JOINS THIS OPINION. DIAZ, J., JOINS THIS OPINION IN PART.
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