Massengill v. Starling

PARKER, Judge.

By its first assignment of error, defendant Eastern Auto Auction, Inc. contends that the trial court erred in denying its motions for a directed verdict and for judgment notwithstanding the verdict. Defendant argues that the evidence presented at trial failed to show that it was negligent in any way which contributed to plaintiffs injuries. We disagree.

The test to be applied in ruling on a defendant’s motions for a directed verdict or for judgment notwithstanding the verdict is the same. Summey v. Cauthen, 283 N.C. 640, 197 S.E. 2d 549 (1973). That test is whether the evidence,…