Flashcards Studio

In a civil action for damages, P sues D for (1) breach of a service contract and (2) negligence arising from D’s performance of the contracted work. After P has rested, D moves for demurrer to evidence on the negligence claim, contending there is no substantial evidence to support that claim. The trial court grants the demurrer to evidence as to the negligence claim and dismisses that claim from the case, while the breach-of-contract claim remains for trial. (a) Identify the controlling doctrine on the consequences of granting a demurrer to evidence. (b) State the effect of that grant on the dismissed negligence claim and on the action as a whole. (c) What remedies remain for P, and what ancillary issues should be considered regarding costs and possible further relief for the prevailing party?