Cited by
Opinions in Minnesota that cite Pouliot v. Fitzsimmons, 582 N.W.2d 221.
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Smart Construction & Remodeling, Inc., Appellant,
Minn. Ct. App. 2023
3 When a district court considers a motion for judgment notwithstanding the verdict, “it must determine whether, viewing the evidence in the light most favorable to the nonmoving party, the verdict is manifestly against the entire evidence or whether despite the jury’s findings of fact the moving party is entitled to judgment as a matter of law.”
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A minor child by his mother and natural guardian, Chelsea Rose, Appellant,
Minn. Ct. App. 2022
Unless the evidence is practically conclusive against the verdict, [appellate courts] will not set the verdict aside.” (quotations omitted).
- Eric S. Walker, Respondent, Minn. Ct. App. 2021
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Daniel J. Cafferty, Appellant,
Minn. Ct. App. 2020
A party is entitled to JMOL if “the verdict is manifestly against the enti re evidence” or there is no “competent evidence reasonably tending to sustain the verdict.” (quotation omitted).
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A19-1654
Minn. Ct. App. 2020
When appealing a district court’s decision to deny its motion for judgment as a matter of law , an appellant’s submission must permit this court to determine whether the re cord contains “any competent evidence reasonably tending to sustain the verdict.” (quotation omitted); see also , Bahr v. Boise Cascade Corp. , (noting that when reviewing decisions to grant or deny motions for judgment as a matter of law, appellate courts apply the same standard as the district court, viewing the evidence in
- Mark Kedrowski, Minn. 2019
- Waymouth Farms, Inc., Appellant, Minn. Ct. App. 2019
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, A18-1302
Minn. Ct. App. 2019
“The evidence must be considered in the light most favorable to the prevailing party and an appellate court must not set the verdict aside if it can be sustained on any reasonable theory of the evidence.”
- Alby v. BNSF Ry. Co. 918 N.W.2d 562 Minn. Ct. App. 2018
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Alby v. BNSF Ry. Co.
918 N.W.2d 562
Minn. Ct. App. 2018
Pouliot v. Fitzsimmons , , 224 (Minn. 1998).
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Mark Kedrowski, Appellant,
Minn. Ct. App. 2018
We will not set aside a jury verdict “if it can be sustained on any reasonable theory of the evidence.”
- State Farm Fire and Casualty Company as subrogee of Peter and Susan Fox, Respondent, Minn. Ct. App. 2017
- Jason Jalony Cox v. Dakota County Minn. Ct. App. 2015
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Jason Jalony Cox v. Dakota County
Minn. Ct. App. 2015
The jury’s verdict will not be set aside “if it can be sustained on any reasonable theory of the evidence.”
- Michael O'Byrne v. Spring Valley Mutual Insurance Company Minn. Ct. App. 2015
- Michael O'Byrne v. Spring Valley Mutual Insurance Company Minn. Ct. App. 2015
- RKL Landholdings, LLC v. Seneca Specialty Insurance Company, 1563 University Ave, LLC Minn. Ct. App. 2015
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RKL Landholdings, LLC v. Seneca Specialty Insurance Company, 1563 University Ave, LLC
Minn. Ct. App. 2015
We will affirm the denial “if, in the record, there is any competent evidence reasonably tending to sustain the verdict.” (quotation omitted).
- Gieseke v. IDCA, Inc. 844 N.W.2d 210 Minn. 2014
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Gieseke v. IDCA, Inc.
844 N.W.2d 210
Minn. 2014
When the district court has denied a motion for judgment as a matter of law, we must affirm “if, in the record, there is any competent evidence reasonably tending to sustain the verdict.” (citation omitted) (internal quotation marks omitted).
- Glorvigen v. Cirrus Design Corp. 816 N.W.2d 572 Minn. 2012
- Kidwell v. Sybaritic, Inc. 784 N.W.2d 220 Minn. 2010
- St. Paul Fire & Marine Insurance Co. v. A.P.I., Inc. 738 N.W.2d 401 Minn. Ct. App. 2007
- St. Paul Fire & Marine Insurance Co. v. A.P.I., Inc. 738 N.W.2d 401 Minn. Ct. App. 2007
- Dunn v. National Beverage Corp. 729 N.W.2d 637 Minn. Ct. App. 2007
- Dunn v. National Beverage Corp. 729 N.W.2d 637 Minn. Ct. App. 2007
- Longbehn v. Schoenrock 727 N.W.2d 153 Minn. Ct. App. 2007
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Longbehn v. Schoenrock
727 N.W.2d 153
Minn. Ct. App. 2007
The jury’s verdict will not be set aside “if it can be sustained on any reasonable theory of the evidence.”
- Lake Superior Center Authority v. Hammel, Green & Abrahamson, Inc. 715 N.W.2d 458 Minn. Ct. App. 2006
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Lake Superior Center Authority v. Hammel, Green & Abrahamson, Inc.
715 N.W.2d 458
Minn. Ct. App. 2006
“Unless the evidence is practically conclusive against the verdict, this court will not set the verdict aside.” (quotation omitted).
- Commercial Associates, Inc. v. Work Connection, Inc. 712 N.W.2d 772 Minn. Ct. App. 2006
- Commercial Associates, Inc. v. Work Connection, Inc. 712 N.W.2d 772 Minn. Ct. App. 2006
- Border State Bank of Greenbush v. Bagley Livestock Exchange, Inc. 690 N.W.2d 326 Minn. Ct. App. 2004
- Border State Bank of Greenbush v. Bagley Livestock Exchange, Inc. 690 N.W.2d 326 Minn. Ct. App. 2004
- Duxbury v. Spex Feeds, Inc. 681 N.W.2d 380 Minn. Ct. App. 2004
- Duxbury v. Spex Feeds, Inc. 681 N.W.2d 380 Minn. Ct. App. 2004
- Peterson v. BASF Corp. 675 N.W.2d 57 Minn. 2004
- Peterson v. BASF Corp. 675 N.W.2d 57 Minn. 2004
- Taney v. Independent School District No. 624 673 N.W.2d 497 Minn. Ct. App. 2004
- Taney v. Independent School District No. 624 673 N.W.2d 497 Minn. Ct. App. 2004
- Thompson v. Hughart 664 N.W.2d 372 Minn. Ct. App. 2003
- Norwest Bank Minnesota North, N.A. v. Beckler 663 N.W.2d 571 Minn. Ct. App. 2003
- Norwest Bank Minnesota North, N.A. v. Beckler 663 N.W.2d 571 Minn. Ct. App. 2003
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Thompson v. Hughart
664 N.W.2d 372
Minn. Ct. App. 2003
The denial of a motion for JNOV must be affirmed if there is “any competent evidence reasonably tending to sustain the verdict.” (quotation omitted); see also Hughes v. Sinclair Mktg., Inc., (holding that a jury verdict will be sustained on any reasonable theory based on the evidence).
- Peterson v. BASF Corp. 657 N.W.2d 853 Minn. Ct. App. 2003
- Peterson v. BASF Corp. 657 N.W.2d 853 Minn. Ct. App. 2003
- Navarre v. South Washington County Schools 652 N.W.2d 9 Minn. 2002
- Navarre v. South Washington County Schools 652 N.W.2d 9 Minn. 2002
- American States Insurance Co. v. Ankrum 651 N.W.2d 513 Minn. Ct. App. 2002
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American States Insurance Co. v. Ankrum
651 N.W.2d 513
Minn. Ct. App. 2002
(JNOV); (directed verdict), review denied (Minn. Aug.