Denton v. Peacock

HEDRICK, Chief Judge.

Defendant assigns error to the denial of her motions for directed verdict, judgment notwithstanding the verdict, and a motion for a new trial. In her brief she states, “[t]he issue brought forward from the Court’s denials of these motions is whether sufficient evidence existed to raise a jury question as to any actionable negligence on the part of defendant, Karen Peacock.”

The evidence at trial, when taken in the light most favorable to plaintiff, tends to show the following: On the morning of 7 December 1984, plaintiff went to Gym’s Steak and Pancake House in Dunn, North…