Atwater v. Castlebury

ORR, Judge.

Plaintiff contends that the trial court erred in granting defendant’s motion for a directed verdict. We agree.

A motion for a directed verdict tests the sufficiency of the evidence to go to the jury. West v. Slick, 313 N.C. 33, 326 S.E. 2d 601 (1985).

When a motion for a directed verdict is made under Rule 50, the trial judge must determine whether the evidence taken in the light most favorable to the plaintiff and giving him the benefit of every reasonable inference which can be drawn therefrom, was sufficient to withstand defendant’s motion for a directed verdict. In ruling on a…