Cited by

Amabello v. Colonial Motors, 117 N.H. 556, 559 (1977) (quotation omitted).

at 329-30, 565 A.2d at 1040; see also Daigle v. City of Portsmouth, 129 N.H. 561, 576, 534 A.2d 689, 696-97 (1987) (applying rule on inconsistent verdicts to civil case); cf. Amabello v. Colonial Motors, 117 N.H. 556, 561, 374 A.2d 1182, 1185 (1977) (noting that there is a “significant difference between the rigorous standard for a directed verdict or judgment n.o.v.

The trial court “cannot weigh the evidence or judge the credibility of the witnesses, and, if the evidence is conflicting or several reasonable inferences may be drawn, the motion for [a directed verdict] should be denied.” Amabello v. Colonial Motors, 117 N.H. 556, 561, 374 A.2d 1182, 1185 (1977).

Motions for directed verdict and judgment notwithstanding the verdict are essentially the same, though made at different stages of the trial, and they are governed by identical standards.

The trial court cannot weigh the evidence or judge the credibility of witnesses, and it must construe the evidence and all reasonable inferences most favorably to the party opposing the motion.

McGranahan v. Dakar, 119 N.H. 758, 768, 771-72, 408 A.2d 121, 128, 129-30 (1979) (setting forth some, but not all, elements of abuse of process; elements of “wrongful civil proceedings” outlined); Amabello v. Colonial Motors, 117 N.H. 556, 558, 374 A.2d 1182, 1183-84 (1977) (discussing definition of “process,” but not delineating other elements of tort); Friel v. Plumer, 69 N.H. 498, 499, 43 A. 618, 618-19 (1898) (discussing “malicious abuse of process” but setting forth few elements of tort).

The trial judge then “has very little discretion when deciding whether to grant the motion for judgment n.o.v.” Gowen, 121 N.H. at 380, 430 A.2d at 161 (citing Amabello v. Colonial Motors, 117 N.H. 556, 561, 374 A.2d 1182, 1185 (1977)).

so overwhelmingly favors the moving party that no contrary verdict based upon that evidence could ever stand.” Stock v. Byers, 120 N.H. 844, 848, 424 A.2d 1122, 1125 (1980) (quoting Amabello v. Colonial Motors, 117 N.H. 556, 561, 374 A.2d 1182, 1185 (1977)).

In Amabello v. Colonial Motors, 117 N.H 556, 374 A.2d 1182 (1977), we set forth the judgment n.o.v.

A party is entitled to such a ruling “only when his case is established by the sole reasonable inference from undisputed facts.” Amabello v. Colonial Motors, 117 N.H. 556, 561, 374 A.2d 1182, 1185 (1977) (quoting Skivington v. Robinson, 106 N.H. 493, 496, 213 A.2d 921, 923 (1965)).

In order to grant a motion for directed verdict the judge must find that “all of the evidence viewed most favorably to the opponent so overwhelmingly favors the moving party that no contrary verdict based upon the evidence could ever stand.” Amabello v. Colonial Motors, 117 N.H. 556, 561, 374 A.2d 1182, 1185 (1977); Duval v. Wiggin, 124 N.H. 550, 552, 474 A.2d 1002, 1005 (1984).

should be granted “only when all of the evidence viewed most favorably to the opponent so overwhelmingly favors the moving party that no contrary verdict based upon that evidence could ever stand.” Amabello v. Colonial Motors, 117 N.H. 556, 561, 374 A.2d 1182, 1185 (1977).

A trial court may grant a directed verdict “only when the evidence and all reasonable inferences therefrom, construed most favorably to the party opposing the motion, would not enable a jury to find for that party.” London v. Perreault, 118 N.H. 392, 394, 387 A.2d 342, 344 (1978); Amabello v. Colonial Motors, 117 N.H. 556, 561, 374 A.2d 1182, 1185 (1977).

The trial judge has very little discretion when deciding whether to grant the motion for judgment n.o.v.

A directed verdict, like a judgment notwithstanding the verdict, “should be granted only when all of the evidence viewed most favorably to the opponent so overwhelmingly favors the moving party that no contrary verdict based upon that evidence could ever stand.” Amabello v. Colonial Motors, 117 N.H. 556, 561, 374 A.2d 1182, 1185 (1977).

The rather lengthy history of this case, is set out in Amabello v. Colonial Motors, 117 N.H. 556, 374 A.2d 1182 (1977), and so need not be repeated here.

London v. Perreault, 118 N.H. 392, 394, 387 A.2d 342, 344 (1978); Amabello v. Colonial Motors, 117 N.H. 556, 561, 374 A.2d 1182, 1185 (1977).

generally Kierstead v. Betley Chevrolet Buick, Inc., 118 N.H. 493, 389 A.2d 429 (1978); Amabello v. Colonial Motors, 117 N.H. 556, 374 A.2d 1182 (1977).

generally Kierstead v. Betley Chevrolet-Buick, Inc., 118 N.H. 493, 497, 389 A.2d 429, 431 (1978); Amabello v. Colonial Motors, 117 N.H. 556, 561, 374 A.2d 1182, 1185 (1977).

Motions for a directed verdict and judgment notwithstanding the verdict are similar *496 except as to their timing at trial.

Amabello v. Colonial Motors, 117 N.H. 556, 561, 374 A.2d 1182, 1185 (1977); Muzzy v. Rockingham County Trust Co., 113 N.H. 520, 521, 309 A.2d 893, 894 (1973).

His decision will be upheld if there is evidence to support it, unless he abused that discretion.

f is of such overwhelming weight that everyone must find in her favor, and nothing but mistake, partiality, or corruption could account for the verdict and its supporting finding.” Hauser v. Calawa, 116 N.H. 676, 677, 366 A.2d 489, 491 (1976); see Underhill v. Baker, 115 N.H. 469, 343 A.2d 643 (1975); Bothwick v. LaBelle, 115 N.H. 279, 339 A.2d 29 (1975); see Amabello v. Colonial Motors, Inc., 117 N.H. 556, 374 A.2d 1182 (1977).