Willis v. Russell

PHILLIPS, Judge.

Both parties assign error to the trial court ruling on defendants’ motions for directed verdict. The appropriate standard of review is set forth in Koonce v. May, 59 N.C. App. 633, 634, 298 S.E. 2d 69, 71 (1982):

A motion by a defendant for a directed verdict under G.S. 1A-1, Rule 50(a) of the Rules of Civil Procedure tests the legal sufficiency of the evidence to take the case to the jury and support a verdict for the plaintiff. On such a motion, plaintiffs evidence must be taken as true and considered in the light most favorable to the plaintiff, giving plaintiff the benefit…