Hiers v. Lemley

How courts have described this case

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

• concluding plaintiff was prejudiced by erroneous converse because jury may have been misled
• affirmative converse instructions are disfavored because they tend to submit unnecessary evidentiary details instead of ultimate issues in violation of Rule 70.02
• “If no submissi-ble case was made, any error in giving the converse instruction was inconsequential”
• “The argument that the trial court’s order granting a new trial lacks specificity because it adopts its reasons by referencing a paragraph of the motion for new trial is without merit.”
• an affirmative converse instruction presents a hypothetical ultimate issue which, if true, would defeat the plaintiffs claim and the instruction begins, “Your verdict must be for the defendant if you believe.... ”
• setting forth the reasons why affirmative converse instructions are disfavored

Source: CourtListener parenthetical corpus (CC0).