Radford v. Keith

I respectfully dissent from the majority’s conclusion that the trial court properly denied defendants’ motions for directed verdict and judgment notwithstanding the verdict.

As stated by the majority, a movant is entitled to have either motion granted if the evidence, when viewed in the light most favorable to the non-movant, is insufficient for a jury to decide the issue in question. See United Laboratories, Inc. v. Kuykendall, 322 N.C. 643, 661, 370 S.E.2d 375, 387 (1988). When that issue involves duress, sufficient evidence must be offered establishing that “ ‘one, by the unlawful act of…