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Ballard v. Serodino10/31/2005
cLain, 891 S.W.2d 587, 590 (Tenn. 1994); see also 32B Am. Jur. 2d Federal Employers' Liability, Etc. * 75 ("The extent to which damages should be reduced by reason of the plaintiff's contributory negligence in actions by seaman or railroad employees under the applicable federal statutes is for the determination of the jury, except where the evidence is uncontroverted or admits of only one reasonable conclusion."). "If there is any doubt as to the proper conclusions to be drawn from the evidence, the motion must be denied." Eaton, 891 S.W.2d at 590 (citing Crosslin v. Alsup, 594 S.W.2d 379 (Tenn. 1980)). In light of our previous discussion of the material evidence supporting a finding that the plaintiff should have seen the oil spill, we must disagree with the plaintiff's contention that the trial court erred in denying his motion for a directed verdict.
VI.
The judgment of the trial court is affirmed. Costs on appeal are taxed to the appellant, Matthew Ballard. This case is remanded to the trial court for enforcement of the trial court's judgment and for collection of costs assessed below, all pursuant to applicable law.
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