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PEAL BY PEAL v. SMITH

No. 922SC272.

444 S.E.2d 673 (1994)

115 N.C. App. 225

Regina Annette PEAL, Incompetent, By her General Guardian, James Walter PEAL, Jr., Plaintiff-Appellee, v. Howard Thomas SMITH, Defendant, and Cianbro Corporation and Williams Brothers Construction Company, Inc., A Joint Venture d/b/a Cianbro-Williams Bros., Defendants-Appellants.

Court of Appeals of North Carolina.

June 21, 1994.

Attorney(s) appearing for the Case

Hornthal, Riley, Ellis & Maland by L.P. Hornthal, Jr. and M.H. Hood Ellis, Elizabeth City, for plaintiff-appellee.

Maupin Taylor Ellis & Adams, P.A. by James A. Roberts, III, M. Keith Kapp and Richard N. Cook, Raleigh, for defendants-appellants.

ORR, Judge.

The defendants first argue that the trial court committed reversible error in denying their motions for directed verdict, judgment notwithstanding the verdict, and new trial. The basis for this argument and the authority cited therein in the defendants' brief rests exclusively on the Court of Appeals opinion in Hart v. Ivey, 102 N.C. App. 583, 403 S.E.2d 914 (1991), modified and affirmed,

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