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BURWELL v. GIANT GENIE CORP.

No. 9326DC630.

446 S.E.2d 126 (1994)

115 N.C. App. 680

Willie Ray BURWELL, Plaintiff, v. GIANT GENIE CORPORATION, a corporation; John Coppala, individually, and as an agent of Giant Genie Corporation; and David Mark Tindall, individually, and as an agent of Giant Genie Corporation, Defendants.

Court of Appeals of North Carolina.

August 2, 1994.

Attorney(s) appearing for the Case

Sheely & Young by Michael A. Sheely, Charlotte, for plaintiff-appellant.

Hedrick, Eatman, Gardner & Kincheloe by Gregory C. York, Charlotte, for defendants-appellees Giant Genie Corp. and John Coppala.

James H. Carson, Jr., Charlotte, for defendant-appellee Mark Tindall.

EAGLES, Judge.

Plaintiff contends that the trial court erred in granting defendants' motions for directed verdict on plaintiff's claims of false imprisonment and assault and battery. After careful review of the record and briefs, we agree and remand to the trial court for a new trial. Plaintiff has failed to discuss the dismissal of his claim of intentional infliction of emotional distress in his brief and that assignment of

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