Morrison v. Stallworth

WELLS, Judge.

Plaintiff raises numerous assignments of error, attacking in particular the instructions to the jury. Plaintiff contends that Wall v. Stout, 310 N.C. 184, 311 S.E. 2d 571 (1984), requires reversal in this case. There the supreme court held that the jury instructions, in their totality, were “so emphatically favorable” to the physician-defendant as to require a new trial. While the instructions given in the present case do not reach quite the same level of favor, in conjunction with other errors we conclude that they sufficiently prejudiced plaintiff to require a new trial.

The…