10/31/94 Pauline Eaton V. James Mclain And Wife

In this premises liability action, the plaintiff Pauline Eaton appeals from the Court of Appeals' reversal of a judgment in her favor based on a jury verdict. In its verdict, the jury found that the negligence of both plaintiff and defendants, James and Tammy McLain, contributed to the plaintiff's injuries; and it allocated 40% of the total negligence to Eaton and 60% to the McLains. This case presents two issues for our determination: (1) whether the Court of Appeals was correct in holding that the trial court should have granted the defendants' motion for judgment notwithstanding the verdict because the "evidence was overwhelming that the plaintiff's degree of fault was greater than or equal to that of the defendants"; and (2) whether the Court of Appeals was correct in its alternative holding -- that the plaintiff failed to present legally sufficient evidence as to the duty element in her claims of negligence.