Neely v. Martin K. Eby Construction Co., Inc.

Neely (plaintiff) won a jury verdict against Eby Construction (defendant) after her father died falling from a scaffold. Eby moved for judgment notwithstanding the verdict (n.o.v.) and, alternatively, for a new trial; the trial court denied both and entered judgment for Neely. On appeal, Neely only argued the verdict should stand and never requested a new trial as a fallback. The court of appeals found the evidence insufficient on negligence and proximate cause, reversed, and directed dismissal of the case. Neely sought certiorari without first seeking rehearing below.