Colony Associates Ex Rel. Watson v. Fred L. Clapp & Co.

ARNOLD, Judge.

We determine that defendant’s motion for directed verdict was improperly granted and that judgment notwithstanding the verdict [hereinafter j.n.o.v.] was improper.

G.S. 1A-1, Rule 50(b)(1) allows the grant of a j.n.o.v. in favor of a party who has previously moved for a directed verdict. Graves v. Walston, 302 N.C. 332, 275 S.E. 2d 485 (1981). The defendant twice moved for a directed verdict at trial, including at the close of all the evidence. Thus, he met this requirement.

The standard to be used in deciding if a directed verdict was properly granted in a case like the one sub…