Cantey v. Barnes

The defendant first argues that the court should have granted a directed verdict in her favor because the plaintiff ""failed to show actionable negligence on the part of the defendant and has shown contributory negligence barring her recovery."" We disagree. A directed verdict should be granted only if the evidence is insufficient, as a matter of law, to support a verdict for the plaintiff. Husketh v. Convenient Systems, 295 N.C. 459, 245 S.E.2d 507 (1978); Dickinson v. Pake, 284 N.C. 576, 201 S.E.2d 897 (1974). ""[I]n considering a defendant's motion for a directed verdict, the court must view the evidence in the light most favorable to the plaintiff, resolving all conflicts in [her] favor and giving the plaintiff the benefit of every inference that reasonably can be drawn in [her] favor."" 295 N.C. at 461, 245 S.E.2d at 508-09.