Curcio Ex Rel. Estate of Turner v. Caterpillar, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “[w]hen considering a JNOV, neither an appellate court, nor the trial court has authority to decide credibility issues or to resolve conflicts in the testimony or the evidence”
• stating that in deciding a motion for JNOV, “the trial judge is concerned with the existence of evidence, not its weight”
• holding it is up to a jury to decide credibility issues and to resolve any conflicts in the testimony or the evidence
• stating that when considering a JNOV motion, neither an appellate court, nor the trial court has authority to decide credibility issues or to resolve conflicts in the testimony or the evidence
• finding that neither this court, nor the trial court, has authority to decide credibility issues or to resolve conflicts in the testimony or the evidence, and the jury's verdict must be upheld unless no evidence reasonably supports the jury's findings
• providing that when reviewing the denial of a motion for JNOV, this court does not have authority to decide credibility issues or to resolve conflicts in the testimony and evidence, and the court must uphold the jury’s verdict unless no evidence reasonably supports the jury’s findings

Source: CourtListener parenthetical corpus (CC0).