Garretson v. Harold I. Miller, PLC
California Court of Appeal
121 Cal. Rptr. 2d 317 (2002)
Garretson (plaintiff) was injured by an undersized electrical switch installed by contractors hired to build her employer's dental office; she hired attorney Miller (defendant) to represent her, but he pursued only a workers' compensation claim and never sued the building's owner, builder, or electrician before the statute of limitations ran on those claims. Garretson sued Miller for legal malpractice and won a jury verdict, but introduced no evidence at trial about the finances of the potential defendants she never got to sue; the trial court granted Miller's motion for judgment notwithstanding the verdict, and Garretson appealed.
Whether a motion for judgment notwithstanding the verdict may be granted when there is no substantial evidence to support the verdict.