March 22, 2013

  • 388 Trial
  • 388VI Taking Case or Question from Jury
  • 388VI(A) Questions of Law or of Fact in General
  • 388k149 k. Effect of Failure to Question Sufficiency of Evidence.

388 TrialGuest of restaurant at Chinese New Year celebration claiming ear injury as a result of fireworks explosion in front of restaurant was not entitled to directed verdict on ground that restaurant and corporate officer admittedly possessed fireworks without having obtained requisite permit; having failed to move for directed verdict on issue of liability in bifurcated trial, guest had to be deemed to have admitted that issue of fact was presented for determination by jury.
Azzue v. Galore Realty, Inc., 568 N.Y.S.2d 955 (1991)

Suggested by Brian J. Hooper; Emmanuel Sheppard & Condon, P.A.; Pensacola, FL