Federated Mutual Insurance v. Hardin

ARNOLD, Judge.

Defendant contends for the first time on appeal that the trial court erred in denying his motions for directed verdict made at the close of plaintiffs evidence and again at the close of all the evidence in that plaintiffs insureds’ failure to obtain a building permit constituted negligence per se. We consider this contention since it was litigated by consent at trial as contemplated by Rule 15(b) of the North Carolina Rules of Civil Procedure. Rule 15(b) provides that “[w]hen issues not raised by the pleadings are tried by the express or implied consent of the parties, they…