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Peerless Golf, Inc. v. Lake Winnipesaukee Resort, LLC

Supreme Court of New Hampshire

February 22, 2007

Peerless Golf, Inc.
v.
Lake Winnipesaukee Resort, LLC,

UNPUBLISHED OPINION

The defendant, Lake Winnipesaukee Resort, LLC (LWR) appeals an order of the Superior Court (Fitzgerald, J.) denying its motion for judgment notwithstanding the verdict (JNOV) in a construction case arising out of substantial improvements to its golf course in New Durham. LWR argues that the evidence compelled a finding in its favor for repayment of a performance spur loan, indemnification for costs arising from environmental damage caused by the plaintiff, Peerless Golf, Inc. (Peerless), and recovery of completion costs. We affirm.

Our standard of review of a trial court's denial of a motion for JNOV is extremely narrow. In reviewing a motion for JNOV, we will not overturn the trial court's decision absent an unsustainable exercise of discretion. Boynton v. Figueroa, 154 N.H., , 913 A.2d 697, 706 (2006). A party is entitled to JNOV only when the sole reasonable inference that may be drawn from the evidence, which must be viewed in the light most favorable to the nonmoving party, is so overwhelmingly in favor of the moving party that no contrary verdict could stand. Id. In deciding whether to grant the motion, the trial court cannot weigh the evidence or inquire into the credibility of witnesses. Id. If the evidence adduced at trial is conflicting, or if several reasonable inferences may be drawn, the court must deny the motion. Id.

Having reviewed the record before us, we find no error in the trial court's decision denying LWR's motion for JNOV. For the reasons set out by the trial court, we affirm.

Affirmed.

DALIANIS, GALWAY and HICKS, JJ, ...


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