Legal Opinion

Swann v. Len-Care Rest Home, Inc.

Court of Appeals of North Carolina

Decided October 7, 1997No. COA96-1283PublishedCited by 14 opinions

1Opinion of the Court

EAGLES, Judge.

We first consider whether the trial court properly granted a directed verdict in favor of all defendants on the negligence claim. “In ruling on a motion for directed verdict, plaintiff’s evidence must be taken as true and all the evidence must be viewed in the light most favorable to him, giving him the benefit of every reasonable inference which may legitimately be drawn therefrom, with conflicts, contradictions, and inconsistences being resolved in plaintiff’s favor.” McMahan v. Bumgarner, 119 N.C. App. 235, 237 457 S.E.2d 762, 763 (1995). The trial court should deny the…

2Cases cited4 opinions

  1. Johnson v. Ruark Obstetrics & Gynecology Associates, P.A.Supreme Court of North Carolina · 1990
  2. Waddle v. SparksSupreme Court of North Carolina · 1992
  3. Phelps v. Duke Power Co.Court of Appeals of North Carolina · 1985
  4. McMahan v. BumgarnerCourt of Appeals of North Carolina · 1995

3Cited by14 opinions

  1. Swann v. Len-Care Rest Home, Inc.Supreme Court of North Carolina · 1998
  2. Everett v. N.C. Dept. of TransportationNorth Carolina Industrial Commission · 2009
  3. Hall v. Unc PembrokeNorth Carolina Industrial Commission · 2006
  4. Harris v. N.C. D.O.C.North Carolina Industrial Commission · 2004
  5. Hawkins v. N.C. Department of TransportationNorth Carolina Industrial Commission · 2011

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