Menzel v. Metrolina Anesthesia Associates, P.A.

VAUGHN, Chief Judge.

Defendant contends that the trial court erred by denying its motion for a directed verdict made at the close of all the evidence. A motion for a directed verdict is proper only in a jury trial; the proper motion in a nonjury trial is one for involuntary dismissal under Rule 41(b). Bryant v. Kelly, 10 N.C. App. 208, 178 S.E. 2d 113 (1970), reversed and remanded, 279 N.C. 123, 181 S.E. 2d 438 (1971). Accordingly, we will treat defendant’s motion as one for involuntary dismissal.

Rule 41(b) provides for a motion for dismissal at the close of plaintiffs evidence; it does not…