CABARRUS MEMORIAL HOSPITAL v. WHITLEY

No. 7319DC410.

197 S.E.2d 631 (1973)

18 N.C. App. 595

CABARRUS MEMORIAL HOSPITAL v. William WHITLEY.

Court of Appeals of North Carolina.

July 11, 1973.


Attorney(s) appearing for the Case

Hartsell, Hartsell & Mills by W. Erwin Spainhour, Concord, for plaintiff-appellant.

Williams, Willeford & Boger by John R. Boger, Jr., Concord, for defendant-appellee.


BALEY, Judge.

The plaintiff assigns as error the failure of the court to set aside the verdict of the jury and grant a new trial upon the ground that the jury disregarded the instructions of the court with respect to the amount which could be awarded as recovery. The court instructed the jury if it believed the evidence of the plaintiff to award recovery of $3,369.50, the amount requested in the complaint, or nothing at all.

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