Desmond v. City of Charlotte

Judge HUDSON,

dissenting.

I believe plaintiff submitted sufficient evidence of defendant’s negligence to allow the jury’s verdict to stand. Thus, I respectfully dissent to the majority’s decision that the trial court should have granted defendant’s motion for a directed verdict on that issue.

The majority finds that the sidewalk defect of which plaintiff complains was trivial as a matter of law and points to Watkins v. Raleigh, 214 N.C. 644, 200 S.E. 424 (1939), Joyce v. City of High Point, 30 N.C. App. 346, 226 S.E.2d 856 (1976), Bagwell v. Brevard, 256 N.C. 465, 124 S.E.2d 129 (1962), and…