Desmond v. City of Charlotte

EAGLES, Chief Judge.

Defendant appeals the trial court’s grant of judgment notwithstanding the verdict and a new trial to plaintiff, and also the trial court’s denial of defendant’s own motion for a directed verdict. Because we hold that the plaintiff failed to present sufficient evidence upon which a jury could find that the city of Charlotte was negligent, we reverse.

The evidence tended to show that on the evening of 15 April 1997, plaintiff met two friends for dinner at a restaurant in uptown Charlotte. After leaving the restaurant at approximately 7:45 p.m., the women “were walking along…