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eBook details

• Title: Daughtry v. Turnage
• Author : Supreme Court of North Carolina No. 95
• Release Date : January 29, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

The sole question presented for our consideration on this appeal is whether the trial court erred in denying defendant's motion for a directed verdict. In passing upon a motion for a directed verdict under G.S. 1A-1, Rule 50, the trial court is confronted with substantially the same question as was formerly presented by a motion for judgment of involuntary nonsuit. Dickinson v. Pake, 284 N.C. 576, 201 S.E.2d 897 (1974). In this situation, the court must consider the evidence in the light most favorable to the non-movant, deeming all evidence which tends to support his position to be true, resolving all evidentiary conflicts favorably to him and giving the non-movant the benefit of all inferences reasonably to be drawn in his favor. Summey v. Cauthen, 283 N.C. 640, 197 S.E.2d 549 (1973). A directed verdict on the ground of contributory negligence should be granted only when this defense is so clearly established that no other reasonable inference can be drawn from the evidence. Brown v. Hale, 263 N.C. 176, 139 S.E.2d 210 (1964). We have determined that the evidence of plaintiff's contributory negligence, while strong, is not so overpowering as to preclude all reasonable inferences to the contrary; therefore, the decision of the Court of Appeals reversing the trial court's denial of defendant's motion for a directed verdict must be reversed.

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