Mintz v. Foster

ERWIN, Judge.

The defendant first assigns error to the trial court’s failure to direct a verdict in his favor, contending there was no evidence of actionable negligence. This assignment is overruled. On a motion by a defendant for a directed verdict under Rule 50(a), plaintiff’s evidence must be taken as true and must be considered in the light most favorable to him, giving plaintiff the benefit of every reasonable inference to be drawn from such evidence. Manganello v. Permastone, Inc., 291 N.C. 666, 231 S.E. 2d 678 (1977). The record reflects ample evidence which would permit the jury to…