A judgment notwithstanding the verdict (JNOV) is where a Court can overrule or amend a jury’s verdict at the conclusion of a trial. In effect, you could have a 1-2 week trial concerning bodily injury, breach of contract, or an estate dispute and win a favorable verdict and then lose on a JNOV.
A JNOV can be proper when the plaintiff fails to make a submissible case in presenting facts to meet every element of its claim(s). Specifically, in order to make a submissible case, a plaintiff must present substantial evidence that tends to prove the facts essential to plaintiff’s recovery. Substantial evidence is competent evidence from which the trier of fact can reasonably decide the case. J.M. Neil & Associates v. Alexander Robert William, Inc., 362 S.W.3d 21, 23-24 (Mo. Ct. App. 2012).
JNOVs are rare and usually only occur to address jury verdicts which are either unreasonable or reflect a misinterpretation of the facts or law by the jury.
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