Taylor v. Gillespie

WELLS, Judge.

In his first assignment of error, defendant contends that the trial judge erred in failing to allow his motion for a directed verdict at the close of plaintiffs evidence and at the close of all the evidence. A defendant waives his right to appeal the denial of a motion for a directed verdict at the close of plaintiffs evidence by offering evidence of his own thereafter. Gibbs v. Duke, 32 N.C. App. 439, 232 S.E. 2d 484, disc. rev. denied, 292 N.C. 640, 235 S.E. 2d 61 (1977). Although defendant also assigns as error that the trial judge failed to grant a directed verdict in his…