MacClements v. LaFone

ARNOLD, Judge.

Defendant first assigns error to the trial court’s denial of his motion for a directed verdict.

In passing upon a defendant’s motion for directed verdict, the plaintiff’s “evidence must be taken as true,. .. and [the motion] may be granted only if, as a matter of law, the evidence is insufficient to justify a verdict for the plaintiffs.” Dickinson v. Pake, 284 N.C. 576, 583, 201 S.E.2d 897, 902 (1974).

Mazza v. Huffaker, 61 N.C. App. 170, 174, 300 S.E.2d 833, 836, review denied, 309 N.C. 192, 305 S.E.2d 734 (1983). If all the essential elements of actionable negligence tend to be…