This appeal followed. We review de novo a district court's ruling on a directed verdict. A directed verdict should be granted only where, in light of the evidence as a whole, it would be the duty of the court to set aside an opposite verdict as manifestly contrary to the evidence or to the law. In making this determination, the court must accept as true the evidence favorable to the nonmoving party and all reasonable inferences that can be drawn from that evidence. Statutory Duty Appellant asserts that Schwartz had a duty under state and federal law to inspect the trailer.
Statutory interpretation is subject to de novo review.
Private carriers operating vehicles with a gross vehicle weight of more than 10,000 pounds in Minnesota must comply with inspection, repair, and maintenance rules. The district court ruled as a matter of law that this is not a private carrier nor is it subject to interstate commerce inspection requirements. I'm not satisfied that there are any facts that would merit that type of requirement. This is a trailer owned by an individual farmer who lets his neighbor use it and his neighbor periodically takes some of his cattle and some of the neighbor farmer's cattle to market. Clearly not a carrier under the statutory definition nor under the interstate commerce.