[U] Appel V. Food Lion

Food Lion, L.L.C. ("defendant"), presents the following issues for our consideration: (I) Whether the trial court erroneously denied defendant's motion for a directed verdict and motion for judgment notwithstanding the verdict because the evidence failed to establish negligence and proved plaintiff's contributory negligence, and (II) whether the trial court erroneously denied defendant's motion for a new trial. Food Lion also contends the trial court erroneously denied defendant's motions to quash plaintiff's subpoena duces tecum and erroneouslyinstructed the jury. After careful review we conclude the trial court erroneously denied defendant's motion for a directed verdict.