Gobeil, Judge. This appeal arises from a premises liability/negligence action brought by Freeman Lomax (“Lomax”) and his wife, Pattie Lomax (collectively, the “plaintiffs”), against The Kroger Company (“Kroger”) after Lomax slipped and fell in a Kroger store. A jury found in favor of the plaintiffs and awarded damages, and the trial court entered judgment accordingly. Thereafter, the court entered an order (1) granting Kroger’s motion for a judgment notwithstanding the verdict (“JNOV”), concluding that the plaintiffs failed to show that Kroger had actual or constructive knowledge of the hazardous condition and that Lomax had superior knowledge of the hazard and, (2) holding that should the JNOV be reversed, Kroger was entitled to a new trial because that the verdict was contrary to the evidence. The plaintiffs appeal that order, arguing that the trial court erred in finding that there was no evidence that Kroger had constructive knowledge of the hazard that caused Lomax to slip and fall because, according to the plaintiffs, (1) Kroger failed to follow reasonable floor inspection procedures and (2) a Kroger employee was in the immediate vicinity of the fall and could have removed the hazard. The plaintiffs also argue that the trial court erred by granting a new trial where the verdict was not contrary to the evidence. For the reasons that follow, we reverse in part and affirm in part.If the record contains “any evidence upon which the verdict can be based, the jury is free to disbelieve whatever facts are inconsistent with their conclusion and the court cannot substitute its conclusion for that of the jury and enter a [JNOV].” Ogletree v. Navistar Intl. Transp. Corp., 271 Ga. 644, 647 (522 SE2d 467) (1999) (emphasis supplied). When considering whether the trial court erred by granting a motion for JNOV, we review and resolve the evidence and any doubts or ambiguities in favor of the verdict; a JNOV is not proper unless there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom demands a certain verdict. Thus, a JNOV may be granted only when, without weighing the credibility of the evidence, there can be but one reasonable conclusion as to the proper judgment. If the evidence is conflicting, or if insufficient evidence exists to make a “one-way” verdict proper, a JNOV should not be granted.
