The Court dismissed the defendant's application for judgment non obstante veredicto following a civil jury verdict finding the defendant truck driver negligent (with 70% contributory negligence against the plaintiff motorcyclist). O'Meara J held that the jury's verdict was explicable and rational on the evidence: the jury could reasonably infer that a careful driver in the defendant's position ought to have noticed the loud, headlight-on motorcycle (as two other nearby truck drivers did), and that had the defendant been so aware, he would have hesitated before proceeding on the green arrow, likely avoiding the collision. The case confirms that where a jury selectively accepts parts of witnesses' evidence and reaches a verdict supported by a rational chain of reasoning from that evidence, the power to enter judgment notwithstanding the verdict will not be exercised.
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