Tatum v. Tatum

Supreme Court of North Carolina
Tatum v. Tatum, 348 S.E.2d 813 (N.C. 1986)
318 N.C. 407; 1986 N.C. LEXIS 2660
Per Curiam

Tatum v. Tatum

Opinion

PER CURIAM.

Plaintiff assigns as error the denial by the trial judge of her motion to set aside the verdict of the jury on the issue of contributory negligence. This motion was in effect a motion for judgment notwithstanding the verdict pursuant to Rule 50(b)(1) of the North Carolina Rules of Civil Procedure. Plaintiff failed to move for a directed verdict at the close of all the evidence. Therefore, plaintiff failed to preserve her right to move for judgment notwithstanding the verdict. Graves v. Walston, 302 N.C. 332, 275 S.E. 2d 485 (1981).

Modified and affirmed.

Reference

Full Case Name
Jean S. Tatum v. Frank Tatum
Cited By
9 cases
Status
Published
Syllabus
Rules of Civil Procedure 50.4 — motion for judgment n.o.v. — failure to preserve right Plaintiff failed to preserve her right to move for judgment notwithstanding the verdict where she failed to move for a directed verdict at the close of all the evidence.