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directed verdict

Jun 21, 2018

Verdict directed for defense  in food poisoning case

A Wake County judge handed down a directed defense verdict April 26 after plaintiffs presented evidence, saying they failed to show the company that made the potato salad that gave a man food poisoning was responsible for his sickness. Defense lawyer Matthew Little from Raleigh, who represented St. Clair Foods Inc., said the case against […]

Jan 19, 2012

Tort/Negligence – Medical Malpractice – Standard of Care – Proximate Cause – Civil Practice – Directed Verdict

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.

Apr 28, 2011

Contract – Breach of Contract – Unfair & Deceptive Trade Practices – Directed Verdict – JNOV – Negligence

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 alleged that negligent construction caused damage only to her house itself. As such, even taken […]

Jan 21, 2011

Tort/Negligence – Causation – Directed Verdict – JNOV – Punitive Damages – Costs – Expert Witness Fees

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 . . .

Nov 18, 2010

Tort/Negligence – Causation – Directed Verdict – JNOV – Punitive Damages – Costs – Expert Witness Fees

 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 defense experts contradicted plaintiff’s evidence of causation, the trial court correctly sent the causation issue […]

Sep 30, 2010

Tort/Negligence – Personal Injury – Contributory Negligence – Directed Verdict – Violation of Safety Statute – Evidence of Negligence

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 d[...]

Sep 10, 2010

Real Property – Homeowners’ Association – Directed Verdict – Attorney’s Fees

  Bodine v. Harris Village Property Owners Association. (Lawyers Weekly No. 10-07-0857, 22 pp.) (Robert N. Hunter Jr., J.). Appealed from Iredell County Superior Court (Edwin G. Wilson Jr., J. and Mark E. Klass, J.) N.C. App. Holdings: Because homeowners could produce no set of facts or inferences from facts under which they could show […]

Aug 13, 2010

Contract – Directed Verdict – Unfair and Deceptive Trade Practices – Attorney’s Fees

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 the defendants where the defendants offered substantial direct evidence that no breach of contract occurred, […]

Jul 25, 2010

Tort/Negligence – Medical Malpractice – Standard of Care – Proximate Cause – Civil Practice – Directed Verdict

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 patient’s survival changes was “speculation”, the expert’s testimony as a whole was sufficient to get[...]

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