Taylor v. Goodman

A directed verdict “for a defendant on a negligence claim is appropriate only if the court can affirmatively say that there is no evidence from which a jury could find facts necessary to establish each element of the claim."

The plaintiff appealed a judgment from the trial court. The plaintiff assigned error to the directed verdict ruled against them. A directed verdict “for a defendant on a negligence claim is appropriate only if the court can affirmatively say that there is no evidence from which a jury could find facts necessary to establish each element of the claim.” Ballard v. City of Albany, 221 Or App 630, 639, 191 P3d 679 (2008). The Court reasoned that the plaintiff failed to show that the city knew or had any reason to know of a defect in the sidewalk at the time. The Court further explained that the inferences that the plaintiff wants to the jury to make cannot be drawn from the evidence presented. The Court concluded that the plaintiff failed to show the city acted in an unreasonable fashion related to the installation of the sidewalk and that the city is entitled to a directed verdict. Affirmed.