Herring v. Food Lion, LLC

623 S.E.2d 281 (2005)

James Creech HERRING, Plaintiff,

v.

FOOD LION, LLC, Defendant.

No. COA05-202.

Court of Appeals of North Carolina.

December 20, 2005.

White & Allen, P.A., by Gregory E. Floyd, Kinston, for plaintiff-appellee.

Poyner & Spruill LLP, by Timothy W. Wilson, Rocky Mount, for defendant-appellant.

TYSON, Judge.

Food Lion, LLC ("defendant") appeals from order entered setting aside an earlier order granting directed verdict in favor of defendant and granting James Creech Herring's ("plaintiff") motion for a new trial. We affirm in part and reverse in part.

I. Background

On 6 February 2003,…