GRANN v. GREEN MOUNTAIN RACING CORP.

No. 86-358.

551 A.2d 1202 (1988)

Helen M. and Carl J. GRANN v. GREEN MOUNTAIN RACING CORP., Rooney Vermont Associates and Boru, Inc.

Supreme Court of Vermont.

July 22, 1988.


Attorney(s) appearing for the Case

Gerald A. Harley, Bennington, for plaintiffs-appellants.

Gary R. Kupferer of Carbine, Pressly & Seager, Rutland, for defendants-appellees Green Mountain Racing Corp. and Rooney Vermont Associates.

Before ALLEN, C.J., PECK, GIBSON and DOOLEY, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.


GIBSON, Justice.

Plaintiffs appeal the trial court's order granting defendants' motion for a directed verdict. We reverse.

I.

On review of a trial court's grant of a motion for directed verdict, V.R.C.P. 50, "we must view the evidence in the light most favorable to the nonmoving party, excluding any modifying evidence," and "[i]f there was any evidence fairly and reasonably supporting" the nonmoving party's claim, then the grant of a directed verdict...

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