Sullivan v. Smith

WHICHARD, Judge.

Plaintiffs’ sole contention is that the court erred in granting defendant Smith’s motion for judgment NOV. We agree, and accordingly reverse.

A motion for judgment NOV “shall be granted if it appears that the motion for directed verdict could properly have been granted.” G.S. 1A-1, Rule 50(b)(1). A directed verdict or a judgment NOV for a defendant is improper when a plaintiffs evidence, taken as true and considered in the light most favorable to him, with all inferences made and contradictions resolved in his favor, is sufficient as a matter of law to justify a verdict for…