Judge: Theodore R. Howard, Case: 19-973047, Date: 2022-08-25 Tentative Ruling
Motion for JNOV
Defendant County moved for JNOV on the grounds that (1) Insufficient Evidence to prove serious emotional distress; (2) insufficient evidence of actionable misrepresentation.
On the first ground the motion is DENIED. There is substantial evidence to support the verdict on this cause of action.
On the second ground, the Court finds the evidence to support a cause of action for fraudulent misrepresentation, the court found there was insufficient evidence to prove all the necessary elements of such a cause of action and GRANTS the JNOV as to this cause of action (or causes of action).
Motion for Nonsuit
The Court after reviewing all the materials submitted, re-weighing that evidence, including drawing reasonable inferences therefrom, came to a contrary conclusion from that of the jury and GRANTS the motion on the grounds that the jury awarded excessive damages and thnat the evidence was insufficient to support the jury’s verdict on both the negligence and fraud causes of action.
Further details as to the court’s reasoning and authorities relied on will be included in a formal written ruling signed and filed prior to the Court’s loss of jurisdiction in the matter on or about August 27th.