Question: n 1 9 6 5 , Mr . Simblest was driving a car that collided with a fire engine at an intersection in Burlington, Vermont.

n 1965, Mr. Simblest was driving a car that collided with a fire engine at an intersection in Burlington, Vermont. The accident occurred on a night when there was a power blackout that left most of the state without lights. Mr. Simblest, who was injured,
sued the drive of the fire truck for damages. During the trial, Simblest testified that when he entered the intersection, the traffic light was green in his favor. He further testified that the accident was caused by the fire trucks failure to use any warning lights or sirens. All other witnesses testified that the traffic light had gone out 10 minutes before the accident. Simblests testimony was also contradicted by four witnesses who testified that the fire trust had used both its lights and sirens. The jury found the driver of the fire truck negligent and rendered a verdict in favor of Simblest. The defense made a motion for a judgment n.o.v. Should the motion be granted? Explain.

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