MAZZA v. HUFFAKER

No. 8115SC1180.

300 S.E.2d 833 (1983)

Jeffrey P. MAZZA v. Robert A. HUFFAKER and Robert A. Huffaker, M.D., P.A.

Court of Appeals of North Carolina.

March 15, 1983.


Attorney(s) appearing for the Case

Boyce, Morgan, Mitchell, Burns & Smith by G. Eugene Boyce and James M. Day, Raleigh, and Midgette, Higgins, Lembo & Graves by Thomas D. Higgins III, Chapel Hill, for plaintiff, appellee.

Young, Moore, Henderson & Alvis by Beth R. Fleishman and Jerry S. Alvis, Raleigh, for defendants, appellants.


HEDRICK, Judge.

Defendant's first assignment of error brought forth in his brief is that "[t]he court erred in denying defendants' motions for directed verdict and judgment notwithstanding [the] verdict on the malpractice claim for reason that no act of professional malpractice was shown by plaintiff's evidence."

In passing upon a defendant's motion for directed verdict, the plaintiff's "evidence must be taken as true, ... and [the motion] may be granted only...

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