Legal Opinion

Westbrook v. Cobb

Court of Appeals of North Carolina

Decided January 7, 1992No. 918SC174PublishedCited by 13 opinions

1Opinion of the Court

WALKER, Judge.

Plaintiff sets forth five assignments of error in his brief. Of these we need only to consider the first assignment, which is whether the trial court erred in entering a directed verdict at the close of plaintiffs evidence in favor of the defendant on the grounds plaintiff did not establish the requisite elements of a negligence action. Specifically, we find plaintiff failed to prove the essential element of proximate cause, and the trial court did not err in directing a verdict for defendant.

A directed verdict should be granted only in those situations where the evidence,…

2Cases cited11 opinions

  1. Sutton v. DukeSupreme Court of North Carolina · 1970
  2. Bolkhir v. North Carolina State UniversitySupreme Court of North Carolina · 1988
  3. Dickinson v. PakeSupreme Court of North Carolina · 1974
  4. Hairston v. Alexander Tank & Equipment Co.Supreme Court of North Carolina · 1984
  5. McNair v. BoyetteSupreme Court of North Carolina · 1972

6 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Simmons v. North Carolina Department of TransportationCourt of Appeals of North Carolina · 1998
  2. Lavelle v. SchultzCourt of Appeals of North Carolina · 1995
  3. Williamson v. LiptzinCourt of Appeals of North Carolina · 2000
  4. Andresen v. Progress Energy, Inc.Court of Appeals of North Carolina · 2010
  5. Chiltoski v. DrumCourt of Appeals of North Carolina · 1995

8 more not listed; retrieve them via the Exa API.

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