Franco v. Liposcience, Inc.

Although I fully concur in the Court’s conclusion that the trial court properly denied Plaintiff’s recusal motion, I respectfully dissent from my colleagues’ determination that the trial court correctly granted a directed verdict in favor of Defendant at the close of all of the evidence. As a result, I believe that the trial court’s judgment should be reversed and that this matter should be remanded for a new trial.

A trial court evaluating a dismissal motion under N.C. Gen. Stat. § 1A-1, Rule 50(a), must view the evidence in the light most favorable to the non-moving party and give that party…