Lindsey v. Boddie-Noell Enterprises, Inc.

HUNTER, Judge.

Ralph Lindsey, Jr. (“plaintiff’) appeals the trial court’s entry of judgment awarding plaintiff compensatory damages but no punitive damages. Plaintiff also appeals the trial court’s order denying his motion for judgment notwithstanding the verdict (“JNOV”) or, in the alternative, for a new trial. We remand for a new trial on all issues.

The evidence at trial tended to establish the following facts. On 13 December 1996, plaintiff entered the drive-thru window of the *168Skat-Thru owned by Boddie-Noell Enterprises, Inc., d/b/a Hardee’s (“defendant”) in Reidsville, North Carolina.…