Maybank v. S. S. Kresge Co.

VAUGHN, Judge.

The sole question of this appeal is whether a directed verdict was erroneously entered for defendant. Considering the evidence under the standard set forth in Kelly v. Harvester Company, 278 N.C. 153, 179 S.E. 2d 396 (1971), the evidence, in a light most favorable to plaintiff, was sufficient to carry the case to the jury on the claim of breach of an implied warranty but insufficient to carry the case to the jury on the claims of breach of an express warranty, negligence and strict liability. The trial court erred in directing a verdict on the claim of breach of an implied…