Herring v. Food Lion, LLC

TYSON, Judge.

Food Lion, LLC (“defendant”) appeals from order entered setting aside an earlier order granting directed verdict in favor of defendant and granting James Creech Herring’s (“plaintiff’) motion for a new trial. We affirm in part and reverse in part.

I. Background

On 6 February 2003, plaintiff filed a complaint against defendant in Lenoir County Superior Court alleging he had sustained serious physical injuries as a result of defendant’s negligence. Plaintiff’s case was tried on 23 and 24 March 2004. Plaintiff presented evidence tending to show that on 3 March 2000, he sustained…