Kutz v. Koury Corp.

EAGLES, Judge.

The question here is whether the trial court properly granted defendant’s motion for directed verdict following the jury’s inability to return a unanimous verdict. We find that defendant was entitled to judgment as a matter of law and affirm.

Rule 50(b)(1) provides that if a party moved for directed verdict at the close of all the evidence, he may move for judgment in accordance with his motion if a jury verdict is not returned. “[T]he motion shall be granted if it appears that the motion for directed verdict could properly have been granted.” G.S. 1A-1, Rule 50. Defendant in…