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Tag Archives: directed verdict

Tort/Negligence – Medical Malpractice – Standard of Care – Proximate Cause – Civil Practice – Directed Verdict (access required)

Day v. Brant Even though plaintiffs’ proximate cause expert agreed on cross-examination that assigning percentages to a patient’s survival changes was “speculation”, the expert’s testimony as a whole was sufficient to get to the jury on the issue of proximate cause. We reverse the trial court’s grant of a directed verdict for defendants.

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Contract – Breach of Contract – Unfair & Deceptive Trade Practices – Directed Verdict – JNOV – Negligence (access required)

Ford v. All-Dry of the Carolinas, Inc. (Lawyers Weekly No. 11-16-0429, 24 pp.) (John C. Martin, C.J.) Appealed from Superior Court. (Dennis J. Winner, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: The plaintiff ...

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Tort/Negligence – Causation – Directed Verdict – JNOV – Punitive Damages – Costs – Expert Witness Fees (access required)

Springs v. City of Charlotte. Even though there was conflicting evidence as to whether plaintiff's permanent injuries were caused by the accident or by her multiple sclerosis (or the treatments for her MS), plaintiff presented sufficient . . .

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Tort/Negligence – Causation – Directed Verdict – JNOV – Punitive Damages – Costs – Expert Witness Fees (access required)

 Springs v. City of Charlotte. (Lawyers Weekly No. 10-07-1095, 21 pp.) (Martha A. Geer, J.) Appealed from Mecklenburg County Superior Court. (Timothy L. Patti, J.) N.C. App. Click here for the full text of the opinion. Holdings:  (1) Even though ...

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Tort/Negligence – Personal Injury – Contributory Negligence – Directed Verdict – Violation of Safety Statute – Evidence of Negligence (access required)

Williams v. Rainey. When a defendant made evidentiary admission by pleading responsible to a safety violation and failed to contradict or explain the admission, the court did not err that the defendant was negligent as a matter of law. When the defendant presented no evidence that plaintiff failed to keep a proper lookout, the trial court did not err by granting plaintiff's motion for a directed verdict as to contributory negligence.

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Contract – Directed Verdict – Unfair and Deceptive Trade Practices – Attorney’s Fees (access required)

Daniel v. Gullzar. (Lawyers Weekly No. 10-16-0766, 15 pp.) (Ann Marie Calabria, J.) Appealed from Wake County Superior Court (A. Leon Stanback Jr., J.) N.C. App. Unpub. Holding: The trial court did not err in granting a directed verdict to ...

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Tort/Negligence – Medical Malpractice – Standard of Care – Proximate Cause – Civil Practice – Directed Verdict (access required)

Day v. Brant. (Lawyers Weekly No. 10-07-0662, 27 pp.) (Martha A. Geer, J.) Appealed from Iredell County Superior Court. (Chris M. Collier, J.) N.C. App. Holding: Even though plaintiffs’ proximate cause expert agreed on cross-examination that assigning percentages to a ...

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