Clayton Ex Rel. Carter v. Prudential Insurance Co. of America

Appellee argues and contends in its brief that this Court should not consider any of appellant’s assignments of error because ap-pellee’s motion for nonsuit should have been allowed. Appellee states in its brief that plaintiff’s evidence at the second trial was substantially the same as the evidence at the first trial with the following two exceptions: first, the group contract of insurance was not introduced on the first trial but was admitted into evidence on the second trial; second, the evidence of the defendant “explaining the terms of the group contract and how it worked” was not before…