Burns v. Turner

BALEY, Judge.

This appeal involves a single issue: whether the trial court erred in granting defendants’ motion for a directed verdict.

When the defendant moves for a directed verdict, the evidence must be considered in the light most favorable to the plaintiff. All contradictions and inconsistencies must be resolved in plaintiff’s favor. Summey v. Cauthen, 283 N.C. 640, 197 S.E. 2d 549; Bowen v. Gardner, 275 N.C. 363, 168 S.E. 2d 47; Way-caster v. Sparks, 267 N.C. 87, 147 S.E. 2d 535. But even when viewed in this favorable perspective, plaintiff’s evidence does not show that defendants were in…