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KILPATRICK v. UNIVERSITY MALL SHOP. CENTER

No. 8315SC509.

315 S.E.2d 786 (1984)

William Guthrie KILPATRICK, III and Shirley Siler Kilpatrick, Individually and as Guardian Ad Litem for John Christopher Kilpatrick, A Minor Child v. UNIVERSITY MALL SHOPPING CENTER, A Partnership, North Hills, Inc., A General Partner, North Hills Properties, Inc., A General Partner, Provident Life and Accident Company, A General Partner; and University Mall Merchants Association, A Corporation, and Anheuser-Busch, Inc., A Corporation and Harris, Inc., A Corporation. Daniel G. BADGETT and Barbara Tuck Badgett, Individually and Daniel G. Badgett, as Guardian Ad Litem for Lance Jeffrey Badgett, A Minor Child v. UNIVERSITY MALL SHOPPING CENTER, A Partnership, North Hills, Inc., A General Partner, North Hills Properties, Inc., A General Partner, Provident Life and Accident Company, A General Partner; and University Mall Merchants Association, A Corporation and Anheuser-Busch, Inc., A Corporation, and Harris, Inc., A Corporation.

Court of Appeals of North Carolina.

June 5, 1984.

Attorney(s) appearing for the Case

Newsom, Graham, Hedrick, Bryson, Kennon & Faison by William P. Daniell and Samuel Roberti, Durham, for plaintiffs Badgett, et al.

Winston, Blue & Rooks by J. William Blue, Jr., Chapel Hill, for plaintiffs Kilpatrick, et al.

Glen & Bentley by Robert B. Glenn, Jr., Durham, for defendant Anheuser-Busch, Inc.

Teague, Campbell, Conely & Dennis by C. Woodrow Teague and George W. Dennis, III, Raleigh, for defendant Harris, Inc.

EAGLES, Judge.

I.

Defendants Anheuser-Busch and Harris, Inc. (Harris) assign as error the trial court's denial of their motions for directed verdict and judgment notwithstanding the verdict. These motions test the legal sufficiency of the evidence to take the case to the jury and support a verdict for the nonmoving party. On defendant's motion for a directed verdict, all the evidence must be considered in the light most favorable to plaintiff. Here, defendants...

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