Durham v. Creech

ARNOLD, Judge.

Plaintiffs assign error to the directed verdict in favor of defendants. Defendants’ motion for directed verdict measures the sufficiency of the evidence according to this test: is the evidence, when considered in the light most favorable to plaintiffs, sufficient as a matter of law to support a jury verdict in plaintiffs’ favor. If it is, the jury must be given the evidence for its consideration and decision. If it is not, the court must enter a directed verdict. Summey v. Cauthen, 283 N.C. 640, 197 S.E. 2d 549 (1973); American Personnel, Inc. v. Harbolick, 16 N.C. App. 107, 191…