Graham v. Whitaker

How courts have described this case

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

• finding that the trial judge properly submitted the issue of proximate cause to the jury where plaintiff fell in her physician’s office and was damaged by the negligence of a subsequent treating physician during a surgical procedure
• involving a premises liability case brought by an ophthalmologist's patient who was given eye drops and left unsupervised in the waiting room, where she subsequently attempted to stand and instead fell and injured herself
• Motions for directed verdict and JNOV properly denied when evidence, viewed in light most favorable to the nonmoving party, is sufficient to support the jury’s findings
• the appellate court is not at liberty to pass on the veracity of the witnesses and determine the case according to what it thinks is the weight of the evidence
• in negligence action, issues of negligence, contributory negligence, and proximate cause are generally questions for the jury and, if more than one reasonable inference can be drawn from the evidence, the trial judge is required to submit the issues to the jury
• negligence and contributory negligence are generally questions for jury

Source: CourtListener parenthetical corpus (CC0).