Harrell v. Sagebrush of North Carolina, LLC

McCullough, Judge.

The sole issue before us on appeal is whether the trial court’s grant of a new trial pursuant to Rule 59 was proper. We reverse.

On 10 April 2003, Nancy F. Harrell (“plaintiff”) filed a complaint alleging that as a result of defendant’s negligence, she sustained damages and injuries in excess of $330,000. The case was tried at the 4 December 2006 Civil Session of Duplin County Superior Court. The evidence presented at trial tended to show the following: On 10 November 2002, plaintiff and her family lawfully visited a Dunn restaurant owned and operated by Sagebrush of North…