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MASSENGILL v. STARLING

No. 878SC13.

360 S.E.2d 512 (1987)

87 N.C. App. 233

Harold E. MASSENGILL and Ila Lee Massengill v. Martin STARLING d/b/a Martin Auto Sales, Luray Brogden and Eastern Auto Auction, Inc.

Court of Appeals of North Carolina.

October 6, 1987.

Attorney(s) appearing for the Case

H. Jack Edwards and George K. Freeman, Jr., Goldsboro, for plaintiff-appellee Harold Massengill.

Dees, Smith, Powell, Jarrett, Dees and Jones by William W. Smith, Goldsboro, for defendant-appellant Eastern Auto Auction, Inc.

PARKER, Judge.

By its first assignment of error, defendant Eastern Auto Auction, Inc. contends that the trial court erred in denying its motions for a directed verdict and for judgment notwithstanding the verdict. Defendant argues that the evidence presented at trial failed to show that it was negligent in any way which contributed to plaintiff's injuries. We disagree.

The test to be applied in ruling on a defendant...

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