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Please answer the question below In IRAC format which is Issue Rule/ Analysis/ Conclusion reviewing rule FRCP 50 D was playing catch in his yard

Please answer the question below In IRAC format which is Issue Rule/ Analysis/ Conclusion reviewing rule FRCP 50


D was playing catch in his yard with his friend. Neighbor One (N1) was mowing his yard at the same time. D's friend threw the baseball, and it went through the window of Neighbor Two (N2). N1 didn't see the throw, but while mowing he had seen D1 with the baseball in his hand. N1 looked down to see where he was mowing and looked up to see D1 pointing at N2's broken window with a frustrated look on his face. N2 has sued D for damages to his window. D asserts that it was his friend that threw the ball, but his friend has since absconded to Alaska to live in an igloo.


Assuming that both parties cannot be held as causal agents by using a combined theory of proximate cause, can D file a motion to dismiss the claim on JMOL after N1's testimony and after N2 closes his case-in-chief?



Please answer the question In IRAC format which is Issue Rule/ Analysis/ Conclusion reviewing rule FRCP 50.

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