Crane v. Caldwell

MARTIN, Judge. The sole question presented by this appeal is whether the trial court erred in granting defendant's motion for a directed verdict. Issues arising in negligence cases are ordinarily not susceptible to summary adjudication because it is generally for the jury to apply the apposite standard of care. Taylor v. Walker, 320 N.C. 729, 360 S.E.2d 796 (1987); Williams v. Power & Light Co., 296 N.C. 400, 250 S.E.2d 255 (1979). A motion by the defendant for a directed verdict pursuant to G.S. § 1A-1, Rule 50(a) tests the legal sufficiency of the evidence to take the case to the jury and support a verdict for the plaintiff. Manganello v. Permastone Inc., 291 N.C. 666, 231 S.E.2d 678 (1977). For the purpose of such a motion, the plaintiff's evidence must be taken as true and considered in the light most favorable to the plaintiff, giving the plaintiff the benefit of every reasonable inference which can be drawn therefrom. Id. The motion must be denied unless it appears as a matter of law that the plaintiff is not entitled to a recovery upon any view of the facts which the evidence reasonably tends to establish. Id.