Humberto REYES, Plaintiff-Appellant, v. AQUA LIFE CORP., Defendant-Appellee, 522 F. App'x 494

PER CURIAM: Humberto Reyes appeals the district court’s order granting judgment as a matter of law in favor of Appellee Aqua Life Corp. A de novo review of the record leads us to conclude that Reyes’ testimony created a material dispute as to which truck Reyes primarily drove in the course of his employment with Aqua Life and how much each truck weighed. Viewing the evidence in a light most favorable to Reyes, it was improper to grant judgment as a matter of law when a reasonable jury could have decided in his favor on this issue. Accordingly, we REVERSE and REMAND for further proceedings consistent with this opinion.