JACKSON v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS (2019)

Writ denied.

I would grant the defendant's writ application in this matter for the reasons assigned by Judge Lanier in his dissent. Specifically, I find the trial court improperly granted the JNOV under La. C.C.P. art. 1811, and did not give proper deference to the jury. As Judge Lanier also noted, there is a rigorous standard for a judgment notwithstanding the verdict, which is based upon the fundamental principle that when there is a jury, the jury is the trier of fact. Joseph v. Broussard Rice Mill, Inc., 00-0628, p. 5 (La. 10/30/00), 772 So.2d 94, 99 (quoting Scott v. Hospital Serv. Dis. No. 1, 496 So.2d 270, 273 (La. 1986)). As a result, a trial court may only grant a JNOV when the evidence overwhelmingly points to one conclusion. Simon v. American Crescent Elevator Co., 99-2058, p. 14 (La. App. 4 Cir. 4/26/00), 767 So.2d 64, 73–74. In my view, the trial court disregarded these principles and incorrectly granted the JNOV.

Weimer, J., would grant. Crichton, J., would grant and assigns reasons.