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SCHWARTZBACH v. APPLE BAKING CO.

No. 9119SC786.

426 S.E.2d 438 (1993)

109 N.C. App. 216

Gary SCHWARTZBACH, Plaintiff-Appellee, v. APPLE BAKING COMPANY, Defendant-Appellant.

Court of Appeals of North Carolina.

March 2, 1993.

Attorney(s) appearing for the Case

Kluttz, Hamlin, Reamer, Blankenship and Kluttz by Malcolm B. Blankenship, Jr., Salisbury, for plaintiff-appellee.

Ferguson, Stein, Watt, Wallas, Adkins & Gresham, P.A. by James E. Ferguson, II, Charlotte, for defendant-appellant.

WELLS, Judge.

In one of its assignments of error, defendant contends that the trial court erred by not granting its motion for judgment notwithstanding the verdict as to plaintiff's claim. We agree, and reverse that part of the trial judgment below. N.C.Gen.Stat. § 1A-1, Rule 50(b)(1) of the Rules of Civil Procedure provides that a motion for judgment notwithstanding the verdict "shall be granted if it appears that the motion for directed verdict could properly...

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