LENTZ v. GARDIN

No. 7628SC228.

226 S.E.2d 839 (1976)

30 N.C. App. 379

DeVere C. LENTZ, Jr., Administrator of the Estate of Thad Clayton Roberts, Jr., v. Roy B. GARDIN, Administrator of the Estate of Lorene Lillard Roberts.

Court of Appeals of North Carolina.

August 4, 1976.


Attorney(s) appearing for the Case

Lentz & Ball, P. A., by Ervin L. Ball, Jr., Asheville, for plaintiff-appellee.

Morris, Golding, Blue & Phillips by William C. Morris, Jr., and James N. Golding, Asheville, for defendant-appellant.


MORRIS, Judge.

Defendant contends that the trial court expressed an opinion on the evidence relating to damages, thus violating G.S. 1A-1, Rule 51. We agree.

In Bowen v. Rental Co., 283 N.C. 395, 418, 196 S.E.2d 789, 804 (1973), former Chief Justice Bobbitt noted that under G.S. 28-174(a)(6), "[n]ominal damages and costs may now be recovered if the jury finds that the decedent...

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