Legal Opinion

Justus v. Rosner

Court of Appeals of North Carolina

Decided June 20, 2017No. COA15-1196PublishedCited by 7 opinions

1Opinion of the Court

BRYANT, Judge.

*56 Where the trial court was within its discretion to set aside the jury verdict on the ground it was grossly inadequate, we affirm in part the trial court order granting plaintiff relief; however, where the trial court acted outside its authority in altering the verdict and thereafter amending the judgment, we vacate the amended judgment and remand for a new trial on damages. Where defendant was not entitled to an instruction on contributory negligence, we affirm the trial court's directed verdict as to that defense. Where the trial court acted within its statutory and…

Also in this document: Concurring in part, dissenting in part.

2Cases cited42 opinions

  1. Worthington v. BynumSupreme Court of North Carolina · 1982
  2. Manganello v. Permastone, Inc.Supreme Court of North Carolina · 1977
  3. Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1810
  4. In Re the Will of BuckSupreme Court of North Carolina · 1999
  5. Robertson Ex Rel. Robertson v. StanleySupreme Court of North Carolina · 1974

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3Cited by7 opinions

  1. Justus v. RosnerSupreme Court of North Carolina · 2018
  2. Chisum v. CampagnaNorth Carolina Business Court · 2019
  3. Davis v. WoodsCourt of Appeals of North Carolina · 2022
  4. Davis v. WoodsCourt of Appeals of North Carolina · 2022
  5. Justus v. RosnerSupreme Court of North Carolina · 2018

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