West Palm Beach car accident Plaintiff’s Motion for Judgment Notwithstanding the Verdict

In the _________ Court of __________ County, ________
Polly Pointer, )
)
West Palm Beach car accident Plaintiff, )
) Case No. ____________
vs. )
)
Derrick Driver, )
)
Defendant. )
WEST PALM BEACH CAR ACCIDENT PLAINTIFF’S MOTION FOR JUDGMENT
NOTWITHSTANDING THE VERDICT
COMES NOW West Palm Beach car accident Plaintiff, Polly Pointer, and pursuant to Missouri Supreme Court Rule 72.01(b), moves the Court to enter judgment for West Palm Beach car accident Plaintiff on defendant’s affirmative defense of contributory fault, notwithstanding the verdict herein.
In support of her motion, West Palm Beach car accident Plaintiff states:
1. The court should have granted West Palm Beach car accident Plaintiff’s motion for a directed verdict on the close of all evidence on defendant’s affirmative defense of West Palm Beach car accident Plaintiff’s contributory fault because defendant’s evidence thereof was insufficient as a matter of law.
2. All the evidence of West Palm Beach car accident Plaintiff’s contributory fault is insufficient in law to form a basis for a verdict in which a portion of fault was attributed to West Palm Beach car accident Plaintiff because:
a. No evidence was offered and received that established that West Palm Beach car accident Plaintiff had the time and means by which to avoid the motor vehicle accident had she kept a more careful lookout.
b. No evidence was offered and received which showed that West Palm Beach car accident Plaintiff failed to keep a careful outlook.
WHEREFORE, for all the foregoing reasons, West Palm Beach car accident Plaintiff hereby moves that the court set aside that portion of its judgment entered assessing ____% of the fault to West Palm Beach car accident Plaintiff, and enter judgment in favor of West Palm Beach car accident Plaintiff in accordance with the jury’s verdict for the full amount of damages assessed, for the assessment of West Palm Beach car accident Plaintiff’s costs against defendant, and for all other such relief as the Court determines is just and proper in the circumstances.
Dated: ___________________
______________________________
Attorney for West Palm Beach car accident Plaintiff