Mainor v. K-Mart Corp.

WEBB, Judge.

The defendant assigns error to the court’s failure to grant its motion for directed verdict and its motion for judgment notwithstanding the verdict. We believe we are bound by Norwood v. Sherwin-Williams Co., 303 N.C. 462, 279 S.E. 2d 559 (1981) to overrule this assignment of error. In Norwood the defendant operated a retail store in which a pallet extended three or four inches into the aisle. The plaintiff tripped over the pallet and our Supreme Court held there was sufficient evidence of negligence to be submitted to the jury. It held that the evidence did ndt establish…