Notes on PSI Energy v. Roberts Mesothelioma Case: Part 2

The continuation of the footnotes in the Opinion in PSI Energy v. Roberts, Roberts’ work history are listed in this page regarding the reference to Ind. Trial Rule 50(A). In this case, Roberts was exposed to asbestos at his workplace, which led to his eventual diagnosis of mesothelioma.

Footnote: Ind. Trial Rule 50(A) provides that:

Where all or some of the issues in a case tried before a jury or an advisory jury are not supported by sufficient evidence or a verdict thereon is clearly erroneous as contrary to the evidence because the evidence is insufficient to support it, the court shall withdraw such issues from the jury and enter judgment thereon or shall enter judgment thereon notwithstanding a verdict. A party may move for such judgment on the evidence.

• after another party carrying the burden of proof or of going forward with the evidence upon any one or more issues has completed presentation of his evidence thereon; or after all the parties have completed presentation of the evidence upon any one or more issues; or after all the evidence in the case has been presented and before judgment; or in a motion to correct errors; or
• may raise the issue upon appeal for the first time in criminal appeals but not in civil cases; or The trial court upon its own motion may enter such a judgment on the evidence at any time before final judgment, or before the filing of a notice of appeal, or, if a Motion to Correct Error is made, at any time before entering its order or ruling thereon. A party who moves for judgment on the evidence at the close of the evidence offered by an opponent may offer evidence in the event that the motion is not granted, without having reserved the right so to do and to the same extent as if the motion had not been made. A motion for a judgment on the evidence which is not granted or which is granted only as to a part of the issues is not a waiver of trial by jury even though all parties to the action have moved for judgment on the evidence. A motion for judgment on the evidence made at one stage of the proceedings is not a waiver of the right of the court or of any party to make such motion on the same or different issues or reasons at a later stage as permitted above, except that error of the court in denying the motion shall be deemed corrected by evidence thereafter offered or admitted.

Courtesy of the Indiana Court of Appeals and the State of Indiana

Other helpful links:

Asbestos Asbestos
Asbestos and lung cancer Asbestos and lung cancer
Mesothelioma attorney Mesothelioma attorney
Mesothelioma Lawyer Mesothelioma lawyer
Asbestos attorney Asbestos attorney