HORNBY v. PENNSYLVANIA NAT. MUT. CAS. INS.

No. 825SC409.

303 S.E.2d 332 (1983)

Gregg HORNBY, d/b/a The Touch of Class v. PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, and C. Benjamin Spradley, d/b/a C. Benjamin Spradley Insurance.

Court of Appeals of North Carolina.

June 7, 1983.


Attorney(s) appearing for the Case

Rose, Rand, Ray, Winfrey & Gregory by Ronald E. Winfrey, Fayetteville, and Newton, Harris & Shanklin by Kenneth A. Shanklin, Wilmington, for plaintiff-appellant.

Crossley & Johnson by Robert White Johnson, Wilmington, for defendant-appellee Penn.


JOHNSON, Judge.

The question raised by this appeal is whether the trial court erred in directing a verdict for Penn at the close of the plaintiff's evidence. In determining whether the evidence is sufficient to withstand a motion for directed verdict under Rule 50(a) of the Rules of Civil Procedure, plaintiff's evidence must be taken as true and all the evidence must be viewed in the light most favorable to him, giving him the benefit of every reasonable inference...

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