Sasser Ex Rel. Sasser v. Beck

WHICHARD, Judge.

To overcome the motion for directed verdict plaintiff was “required to offer evidence sufficient to establish, beyond mere speculation or conjecture, every essential element of negligence.” Oliver v. Royall, 36 N.C. App. 239, 242, 243 S.E. 2d 436, 439 (1978). The basic elements of negligence are a duty owed by defendants to plaintiff and nonperformance of that duty, proximately causing injury and damage. See Spake v. Pearlman, 222 N.C. 62, 65, 21 S.E. 2d 881, 883 (1942); W. Prosser, Law of Torts § 30, at 143 (4th ed. 1971).

The parties stipulated that plaintiff suffered…