Cited by

Renovest Co. v. Hodges Development Corp., 135 N.H. 72, 75 (1991); see also Morrill v. Tilney, 128 N.H. 773, 777 (1986).

It is well settled that the jury has substantial latitude in determining the credibility of witnesses.

Morrill v. Tilney, 128 N.H. 773, 778 (1986) (citations and quotations omitted).

“After all, the essence of a jury’s function is to determine the weight and credence to be given the evidence at trial.” State v. Guglielmo, 130 N.H. 240, 245 (1987) (quotation and brackets omitted); see Morrill v. Tilney, 128 N.H. 773, 778 (1986).

Morrill v. Tilney, 128 N.H. 773, 779 (1986); cf. State v. Lambert, 147 N.H. 295, 296 (2001) (explaining unsustainable exercise of discretion standard).

Morrill v. Tilney, 128 N.H. 773, 779 (1986) (stating that a professional is not liable for errors in judgment).

Morrill v. Tilney, 128 N.H. 773, 778 (1986) (citations and quotations omitted).

e applicable standard of care, the jury shall consider whether the defendant, having the knowledge and skill to act as a professional, “neglected to apply [that knowledge and skill] with such care and diligence as in his judgment, properly exercised, the case must have appeared to require; in other words that he neglected the proper treatment from inattention and carelessness.” Morrill v. Tilney, 128 N.H. 773, 779-80 (1986); see RSA 508:13 (1997).

The defendant’s argument that the case should have been taken from the jury because of alleged inconsistency in [the expert’s] testimony is without merit.” Morrill v. Tilney, 128 N.H. 773, 778, 519 A.2d 293, 296 (1986) (citation omitted).

Morrill v. Tilney, 128 N.H. 773, 778, 519 A.2d 293, 296 (1986) (quotation and citation omitted); see also Simpson, 133 N.H. at 707, 582 A.2d at 621; State v. LaRose, 127 N.H. 146, 153, 497 A.2d 1224, 1230-31 (1985).

I. Standard of Review In most circumstances, the appropriate standard of review for a motion to dismiss (or nonsuit) is to take the evidence presented and determine if, viewed most favorably to the non-moving party, it establishes a prima facie case.

If the evidence is conflicting on a material issue, then the motion must be denied.

a directed verdict on liability only if no rational trier of fact viewing the evidence most favorably to the defendant could fail to find on undisputed facts that each element of liability has been proven, see Williams v. Duston, 79 N.H. 490, 491, 111 A. 690, 691 (1920); R. Wiebusch, 5 New Hampshire Practice, Civil, Practice and Procedure § 1581, at 295, § 1585, at 297 (1984); Morrill v. Tilney, 128 N.H. 773, 777, 519 A.2d 293, 295 (1986).

Morrill v. Tilney, 128 N.H. 773, 778, 519 A.2d 293, 297 (1986); cf. Town of Hudson v. Wynott, 128 N.H. 478, 485-86, 522 A.2d 974, 978 (1986) (where issue is within the province of medical experts, master required to identify the consideration which impelled decision to disregard uncontradicted medical testimony).