After her father fell from a scaffold platform and died, Sandra Lee Neely (plaintiff) sued Martin K. Eby Construction Co., Inc. (Eby) (defendant) for negligence. A jury rendered a verdict in Neely’s favor. Eby moved for judgment notwithstanding the verdict and, in the alternative, for a new trial. The court denied both motions and entered judgment for Neely. Eby appealed, asserting that the trial court should have granted its motion for judgment n.o.v. In response, Neely averred merely that the jury verdict should be upheld. The court of appeals ruled in favor of Eby, concluding that the evidence was insufficient to show that Eby was negligent or that its conduct proximately caused the death of Neely’s father. The court of appeals reversed the judgment for Neely and directed the district court to dismiss the case. Without seeking a rehearing in the court of appeals, Neely petitioned the Supreme Court for certiorari.