Martin v. Evans

Truck driver Evans (defendant) backed up his tractor-trailer at a rest stop, believing (based on his account) that he had checked for obstructions and activated warning signals. Martin (plaintiff) was struck and pinned against another truck during the maneuver. The parties' accounts of what happened conflicted sharply — including whether Martin was paying attention and whether he had any warning that Evans was backing up. The jury found for Evans, but the trial court granted Martin a new trial, holding the verdict went against the weight of the evidence; an appellate court affirmed that grant, and Evans and his employer appealed.