Allen v. Pullen

MARTIN, Judge.

The sole issue on appeal is whether the trial court erred when it granted judgment notwithstanding the verdict in favor of plaintiff and Lowe’s, finding, as a matter of law, that defendant’s counterclaim and third party claim were barred by her contributory negligence. For the reasons which follow, we reverse.

A motion for judgment notwithstanding the verdict, made pursuant to G.S. 1A-1, Rule 50(b), is a request that judgment be entered in accordance with the movant’s previous motion for a directed verdict, despite the contrary verdict of the jury. Summey v. Cauthen, 283 N.C.…