Enns v. Zayre Corp.

JOHNSON, Judge.

I

We first address defendant’s cross-assignment of error to the trial court’s conclusion as a matter of law that plaintiff’s objection to the submission of contributory negligence is the equivalent of a motion for directed verdict. We agree with defendant.

Motions for judgments notwithstanding the verdict are based on N.C.R. Civ. P. 50(b)(1), which states that “a party who has moved for a directed verdict may move to have the verdict and any judgment entered thereon set aside and to have judgment entered in accordance with his motion for a directed verdict[.]” Clearly, from the…