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VICKERY v. OLIN HILL CONST. CO., INC.

No. 7920SC789.

266 S.E.2d 711 (1980)

Michael D. VICKERY and wife, Dianne A. Vickery, Plaintiffs, v. OLIN HILL CONSTRUCTION COMPANY, INC., a corporation; Moore Insurance & Realty Company., Inc., a corporation; and Rebecca Hinson, Defendants, v. Clifford McClain HELMS and wife, Marianne H. Helms; Moore Insurance & Realty Company, Inc., Third-Party Defendants.

Court of Appeals of North Carolina.

June 3, 1980.

Attorney(s) appearing for the Case

Casstevens & Hanner, P. A. by Robert P. Hanner, II, Charlotte, for plaintiffs.

Thomas, Harrington & Biedler by Larry E. Harrington, Monroe, for defendant Olin Hill Const. Co., Inc.

Griffin, Caldwell & Helder, P. A. by C. Frank Griffin, H. Ligon Bundy, and James E. Griffin, Monroe, for defendants Moore Ins. & Realty Co. and Rebecca Hinson.

Robert L. Holland, Monroe, for third-party defendants Clifford McClain Helms and wife, Marianne H. Helms.

WELLS, Judge.

On a defendant's motion for directed verdict at the close of a plaintiff's evidence, the evidence must be taken as true and considered in the light most favorable to the plaintiff, and the motion may be granted only if, as a matter of law, the evidence is insufficient to justify a verdict for the plaintiff. Dickinson v. Pake, 284 N.C. 576, 201 S.E.2d 897 (1974). A plaintiff is...

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