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THOMAS v. DELOATCH

No. 796SC677.

263 S.E.2d 615 (1980)

Thelmore THOMAS, Plaintiff, v. Randolph DELOATCH, Defendant and Third Party Plaintiff, v. Minnie E. FUTRELL and David Lee Gatling, Third Party Defendants. Rufus LONG, Plaintiff, v. Randolph DELOATCH, Defendant and Third Party Plaintiff, v. Minnie E. FUTRELL and David Lee Gatling, Third Party Defendants.

Court of Appeals of North Carolina.

March 4, 1980.

Attorney(s) appearing for the Case

Johnson, Johnson & Johnson by Bruce C. Johnson, Conway, for plaintiffs-appellees.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by James G. Billings, Raleigh, for defendant and third party plaintiff-appellant.

Battle, Winslow, Scott & Wiley by Samuel S. Woodley, Rocky Mount, for third party defendant appellee.

VAUGHN, Judge.

Defendant contends his motion for directed verdict at the close of all the evidence and, therefore, his motion for judgment notwithstanding the verdict should have been granted against both plaintiffs because they were contributorily negligent as a matter of law.

The general rule is that a directed verdict for a defendant on the ground of contributory negligence may only be granted when the evidence taken in the light most favorable to plaintiff...

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