McCoy v. Dowdy

CAMPBELL, Judge.

On a motion for directed verdict by the defendant, the court must consider the evidence in the light most favorable to the plaintiff, and must grant the motion only if as a matter of law the evidence is insufficient to justify a verdict for the plaintiff.

The motion presents substantially the same question for sufficiency as did a motion for an involuntary nonsuit under former G.S. 1-183. Younts v. Insurance Co., 281 N.C. 582, 189 S.E. 2d 137 (1972).

The court summarized the proper test under former nonsuit procedure in Bowen v. Gardner, 275 N.C. 363, 168 S.E. 2d 47 (1969).

Plaint…