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ENNS v. ZAYRE CORP., INC.

No. 9321SC1091.

449 S.E.2d 478 (1994)

116 N.C. App. 687

Marcia ENNS and Rod Enns, Plaintiffs-Appellants, v. The ZAYRE CORPORATION, INC., d/b/a Zayre, The TJX Companies, Inc., formerly the Zayre Corporation d/b/a Zayre, Defendant-Appellee.

Court of Appeals of North Carolina.

November 1, 1994.

Attorney(s) appearing for the Case

Petree Stockton, L.L.P. by Steve M. Pharr and Donald M. Nielsen, Winston-Salem, for plaintiffs-appellants.

Hutchins, Tyndall, Doughton & Moore by H. Lee Davis, Jr. and Laurie L. Hutchins, Winston, for defendant-appellee.

JOHNSON, Judge.

I.

We first address defendant's cross-assignment of error to the trial court's conclusion as a matter of law that plaintiff's objection to the submission of contributory negligence is the equivalent of a motion for directed verdict. We agree with defendant.

Motions for judgments notwithstanding the verdict are based on N.C.R.Civ.P. 50(b)(1), which states that "a party who has moved for a directed verdict may move to have the verdict...

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