Johnson v. Dunlap

CLARK, Judge.

The trial court erred in granting the judgment N.O.V., and the judgment must be reversed and a new trial ordered.

The defendants’ motion for directed verdict and motion for judgment N.O.V. did not state the specific grounds therefor as required by G.S. 1A-1, Rule 50(a). Both the North Carolina Supreme Court and the Court of Appeals have stated that this requirement is mandatory. Anderson v. Butler, 284 N.C. 723, 202 S.E. 2d 585 (1974), and Wheeler v. Denton, 9 N.C. App. 167, 175 S.E. 2d 769 (1970). But the Supreme Court has stated: “However, the courts need not inflexibly enforce…