Lance sued Mega Corp. for negligence, and a jury awarded him $1.2 million. Mega Corp. filed a motion for judgment NOV, and that motion was denied by the trial court. Mega Corp. then appealed the case. Discuss a judgment NOV and when it is appropriate for a judge to grant such a judgment.
What will be an ideal response?
A judgment NOV (non obstante veredicto or not withstanding the jury's verdict) can be entered by the court when the judge is convinced that the evidence presented does not equate to the verdict reached by the jury. The judge, being a trier of fact as well as of law, shares the fact-finding process with the jury -- the jury cannot award damages in a civil trial inconsistent with the evidence. Generally, the judge will defer to the decision of the jury but in some cases where extreme findings are reached by the jury totally inconsistent with the evidence, the judge will nullify the jury's verdict.
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