Seibold v. Mutual Benefit Health & Accident Ass'n
Seibold v. Mutual Benefit Health & Accident Ass'n
Opinion of the Court
The appellant’s brief recites that the question involved here is, “Does the record contain evidence legally sufficient to support the
We hold that there was sufficient evidence in the record, taken in the light most favorable to the plaintiff, [Aaser v. Charlotte, 265 N.C. 494, 144 S.E. 2d 610 (1965)], from which a jury could find that the objective and subjective complaints of the plaintiff resulted from the injuries sustained in the fall and the treatment therefor, and that these complaints have lead to the total loss of time by the plaintiff from any occupation.
While the defendant offered testimony from Dr. Pfeiffer that “[i]t is my opinion that the fall did not have anything to do with the subsequent arachnoiditis,” the testimony of the plaintiff, together with the other medical testimony, raised a question for the jury. The medical testimony meets the test laid down in Lockwood v. McCaskill, 262 N.C. 663, 138 S.E. 2d 541 (1964).
All assignments of error to the charge of the trial judge have been abandoned under Rule 28 (supra). The factual situation was presented to the jury by the trial judge in a fair and impartial charge unexcepted to. In law we find
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.