Fedoronko v. American Defender Life Insurance

WHICHARD, Judge.

Defendant’s Appeal

Defendant contends the trial court erred in denying its motions for directed verdict and judgment notwithstanding the verdict. The parties stipulated to plaintiffs’ prima facie case; the issue thus became defendant’s affirmative defense of suicide.

Defendant’s motion for judgment notwithstanding the verdict must be judged by the same standard applicable to its motion for directed verdict. Dickinson v. Pake, 284 N.C. 576, 584, 201 S.E. 2d 897, 902-03 (1974). Since defendant had the burden of proving suicide, its motion for directed verdict should have been…