Heuay v. HALIFAX CONSTRUCTION COMPANY

The determinative question to be decided in case on appeal is whether or not the trial court erred in allowing defendant’s motion for nonsuit.

Taking the evidence offered upon the trial in the light most favorable to the plaintiff and giving to her the benefit of every reasonable intendment upon the evidence and every reasonable inference to be drawn therefrom, as is done when considering a motion for judgment of nonsuit, it is manifest that the plaintiff has failed to make out a case for the jury. Mills v. Moore, 219 N.C. 25, 12 S.E. 2d 661.

In order to establish actionable negligence…