R. Scott Brown v. Allan D. Keel

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CONCURRING AND DISSENTING OPINION

The trial court’s grant of JNOV on the ground that there was no evidence of a partnership was error, and I join the majority in so holding. I dissent, however, from the majority’s conclusion that there was not more than a scintilla of evidence to support the jury’s verdict as to causation.

As long as a reasonable jury could infer that Keel’s actions were a substantial factor in having brought about Brown’s injury (the loss of the compensation package that he had negotiated), without which Brown’s injuries would not have occurred, the trial court should not have disregarded the jury’s finding of causation and rendered the JNOV.

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