Experienced Buffalo personal injury attorneys will closely watch the evidence submitted by their opponent to see if it actually adds up. When one of the parties has not presented sufficient evidence at trial to support their position, the other party may request that the court issue what is commonly referred to among lawyers as a “directed verdict.”
Typically, this motion is made after the other party has completed submitting their evidence to the jury. It is based upon the concept that the opposing party has failed to either prove – in the case of the plaintiff – or disprove – in the case of the defense – the issue as a matter of law. When this occurs the opposing party may request a ruling from the judge that the issue has been decided and remove it from consideration by the jury.
When deciding to remove a case from the hands of the jury, the judge must determine that there is no rational process by which the jury could reach a verdict in favor of the opposing party. When making this evaluation, the court must accept as true all of the evidence as submitted by the opposing party and even assume that any issues regarding the credibility of witnesses would be resolved in favor of the opposing party. If any doubt remains at all, the matter is properly left in the hands of the jury.
If you have suffered a personal injury and have any questions regarding this topic, please feel free to call us at 716-542-5444. We would be happy to help you.
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