Dawkins v. Sell

Syllabus

In this negligence action against James A. Sell, Maurice Dawkins appeals the trial court's denial of his motions for a directed verdict, a judgment notwithstanding the verdict (JNOV), and a new trial. Dawkins argues the trial court erred in denying his motions for a directed verdict and JNOV on (1) Sell's affirmative defense of Dennis Owens's intervening and superseding negligence and (2) Sell's negligence. Dawkins also asserts the trial court erred in denying his motion for a new trial because (1) the jury instruction on intervening and superseding negligence was unwarranted, (2) Sell improperly published Dawkins's interrogatory answer, and (3) Sell exceeded the empty-chair defense. We affirm.