Lentz v. Gardin

SHARP, Chief Justice.

We allowed defendant’s petition for discretionary review of the Court of Appeals’ decision that defendant was entitled to a new trial only on the issue of damages. In his new brief filed in this Court, plaintiff presented for review pursuant to N.C. App. R. 16(a), the correctness of the order of the Court of Appeals awarding defendant a new trial on the issue of damages.

Of defendant’s assignments of error we consider only those challenging the correctness of the trial court’s charge on the doctrine of res ipsa loquitur.

Plaintiff relies. upon this doctrine to prove his…