Burwell v. Giant Genie Corp.

EAGLES, Judge.

Plaintiff contends that the trial court erred in granting defendants’ motions for directed verdict on plaintiff’s claims of false imprisonment and assault and battery. After careful review of the record and briefs, we agree and remand to the trial court for a new trial. Plaintiff has failed to discuss the dismissal of his claim of intentional infliction of emotional distress in his brief and that assignment of error is deemed abandoned. N.C.R. App. P. 28(a).

I

A defendant’s motion for directed verdict tests the legal sufficiency of the plaintiff’s evidence to take the case to the…