Smith v. Beasley

BRANCH, Chief Justice.

The principal question presented by this appeal is whether the trial judge erred in denying plaintiff’s motion to set aside the verdict because of an inadequate award of damages. Plaintiff contends that since defendant offered no evidence, her evidence was uncontradicted and should be treated as a stipulation. She argues that since the jury awarded less than that amount, it ignored plaintiffs evidence and the court’s instructions regarding pain and suffering.

In support of her position, plaintiff relies heavily upon the case of Robertson v. Stanley, 285 N.C. 561, 206 S.E.…