Southern of Rocky Mount, Inc. v. Woodward Specialty Sales, Inc.

WHICHARD, Judge.

Defendant contends that the testimony of plaintiffs expert mechanical engineer, Dr. Carl F. Zorowski, constituted a material variance from the allegations of plaintiff’s complaint and therefore that the court erred in (1) refusing to limit his testimony, (2) denying defendant’s motion for continuance, and (3) denying defendant’s motions for directed verdict, judgment notwithstanding the verdict, and new trial. Dr. Zorowski testified that in his opinion the fire which destroyed plaintiffs shop originated in the terminal or juncture box of the air compressor and resulted from an…