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HOGSED v. RAY

No. 8730SC292.

364 S.E.2d 688 (1988)

Helen Ruth HOGSED, Administratrix of the Estate of Benjamin Scott Hogsed, Deceased v. David Eugene RAY, Sr. and David Eugene Ray, Jr., by his Guardian Ad Litem, Merinda S. Woody.

Court of Appeals of North Carolina.

February 16, 1988.

Attorney(s) appearing for the Case

Philo, Spivey & Cabe, P.A. by James Y. Cabe and David C. Spivey, Franklin, for plaintiff-appellee.

Roberts Stevens & Cogburn, P.A. by Steven D. Cogburn and Glenn S. Gentry, Asheville, for defendants-appellants.

JOHNSON, Judge.

Defendants first call upon us to decide whether the trial court erred in denying their motion for judgment notwithstanding the verdict on the grounds that plaintiff's evidence was insufficient to establish actionable negligence as a matter of law. It is a quite familiar rule of civil procedure that:

[A] [motion] [for] [j]udgment notwithstanding the verdict should be granted only when the evidence is insufficient as a matter of law to support...

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