Legal Opinion

Warren v. Canal Industries, Inc.

Court of Appeals of North Carolina

Decided March 15, 1983No. 824SC375PublishedCited by 39 opinions

1Opinion of the Court

WELLS, Judge.

By his assignments of error, plaintiff contends that the trial judge erred in sustaining defendants’ objection to a hypothetical question asked to plaintiffs expert medical witness and that, had the witness been allowed to answer the question, plaintiff would have presented sufficient evidence of Dr. Caldwell’s negligence to avoid a directed verdict and have his case submitted to the jury. We agree and reverse.

On review of a directed verdict, appellate review is usually limited to those grounds asserted by the movant upon making his motion before the trial judge. See G.S. 1A-1,…

2Cases cited5 opinions

  1. Feibus & Co., Inc. v. Godley Const. Co., Inc.Supreme Court of North Carolina · 1980
  2. Tripp v. PateCourt of Appeals of North Carolina · 1980
  3. Ingram v. McCuistonSupreme Court of North Carolina · 1964
  4. Simmons v. WilderCourt of Appeals of North Carolina · 1969
  5. Simons v. GeorgiadeCourt of Appeals of North Carolina · 1982

3Cited by39 opinions

  1. Freese v. SmithCourt of Appeals of North Carolina · 1993
  2. Smith v. WhitmerCourt of Appeals of North Carolina · 2003
  3. Southern Bell Telephone & Telegraph Co. v. WestCourt of Appeals of North Carolina · 1990
  4. Roush v. KennonCourt of Appeals of North Carolina · 2008
  5. Munie v. Tangle Oaks Corp.Court of Appeals of North Carolina · 1993

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