Everhart v. LeBrun

WHICHARD, Judge.

Defendant first assigns error to the trial court’s denial of his motions for directed verdict and for judgment notwithstanding the verdict. It contends evidence of its negligence was insufficient to go to the jury or, in the alternative, that the evidence established contributory negligence as a matter of law.

Motions for directed verdict pursuant to G.S. 1A-1, Rule 50(a) and for judgment notwithstanding the verdict under G.S. 1A-1, Rule 50(b) test the legal sufficiency of the evidence to take the case to the jury and support a verdict for the party opposing the motion.…