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SHILLINGTON v. K-MART CORP.

No. 9010SC600.

402 S.E.2d 155 (1991)

102 N.C. App. 187

Thomas Patrick SHILLINGTON, Plaintiff, v. K-MART CORPORATION, Defendant.

Court of Appeals of North Carolina.

March 19, 1991.

Attorney(s) appearing for the Case

McMillan, Kimzey & Smith by Katherine E. Jean, Raleigh, for plaintiff-appellant.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Richard T. Boyette and Kari L. Russwurm, Raleigh, for defendant-appellee.

JOHNSON, Judge.

With regard to an appeal from a directed verdict, this Court has stated:

A motion by a defendant for a directed verdict under N.C.Gen.Stat. § 1A-1, Rule 50(a) of the Rules of Civil Procedure, tests the legal sufficiency of the evidence to take the case to the jury and support a verdict for the plaintiff. On such a motion, the plaintiff's evidence must be taken as true and the evidence must be considered in the light most favorable to...

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