Coltraine v. Pitt County Memorial Hospital

ARNOLD, Judge.

We believe that plaintiff’s evidence, viewed, as it must be, in the light most favorable to her, was not sufficient to overcome defendant’s motion for directed verdict (G.S. 1A-1, Rule 50). In order to make out a case of negligence, plaintiff must introduce evidence tending to support the conclusion (1) that defendant was negligent and (2) that such negligence was a proximate cause of the death of plaintiff’s intestate. See, e.g. McNair v. Boyette, 282 N.C. 230, 192 S.E. 2d 457 (1972). As to (1), the first prerequisite for establishing negligence is the existence of a legal…