Seaman v. McQueen

CLARK, Judge.

The record indicates that the trial court granted j udgment notwithstanding the verdict on the ground that the evidence established plaintiffs contributory negligence as a matter of law. “[I]n passing on a motion for judgment n.o.v., the court must view the evidence in the light most favorable to the nonmovant.” Summey v. Cauthen, 283 N.C. 640, 648, 197 S.E. 2d 549, 554 (1973). Judgment as a matter of law then on the ground of contributory negligence should be granted only when plaintiffs contributory negligence is so clearly established that no other reasonable inference or…