Exhibit 9.15 Motion for Judgment As a Matter of Law

Exhibit 9.15 Motion for Judgment as a Matter of Law

UNITED STATES DISTRICT COURT - NORTHERN DISTRICT OF NEW YORK

B.K., a minor by her : No.: ______

Parents and guardians,

Janice Knowles and : DEFENDANT SMITH’S

Steven Knowles, MOTION FOR

Plaintiff : JUDGMENT AS A

MATTER OF LAW

:

v. : CIVIL ACTION - NEGLIGENCE

Ronald Clemmons, : Jury Trial Demanded

Lower Council School District,

Bud Smith, and :

Ace Trucking Company, Attorney ID No.

Defendants

Defendant Smith files this Motion for Judgment as a Matter of Law as follows:

1. Trial in the above matter was held and a jury verdict in favor of the plaintiff and against the defendant on November 15, 2011.

2. At the conclusion of trial, counsel for Defendant Smith requested a judgment as a matter of law and/or judgment not withstanding the verdict as the jury disregarded the judge’s instruction concerning the requirements of negligence.

3. Specifically the judge instructed the jury on the elements of duty of care owed to the plaintiff, breach of that duty which was the cause of injury to the plaintiff that resulted in damages.

4. No evidence was presented at trial that Defendant Smith was negligent in the operation of truck he was driving.

5. The evidence and testimony stated that nothing Smith did resulted in the accident. Any other operator of that truck would have had the same result.

6. The judge’s instruction on causation included relieving an individual of any liability where there are intervening causes that serve to cut off the liability.

7. The jury disregarded the video tape deposition of John Kaercher stating the cause of the accident was the result of brake failure that the driver could not perceive, anticipate or avoid once it occurred.

8. The jury disregarded the weight of the evidence and the law as instructed by the judge.

9. The verdict slip prepared by the jury answered NO to the following question ”Do you find the negligence of Defendant Smith was the cause of the harm suffered by the Plaintiff?”

WHEREFORE, it is respectfully requested that the jury verdict as to Defendant Smith be stricken and a judgment as a matter of law in favor of Smith be entered.

Respectfully submitted,