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COOK v. WAKE COUNTY HOSP. SYSTEM, INC.

No. COA96-76.

482 S.E.2d 546 (1997)

Charles A. COOK and Shirley Cook, Plaintiffs, v. WAKE COUNTY HOSPITAL SYSTEM, INC., d/b/a Wake Medical Center, Defendant.

Court of Appeals of North Carolina.

March 18, 1997.

Attorney(s) appearing for the Case

Fuller, Becton, Slifkin, Zaytoun & Bell, P.A. by Charles L. Becton, Michele L. Flowers and Maria J. Mangano, Raleigh, for plaintiffs-appellants.

Patterson, Dilthey, Clay, & Bryson, L.L.P. by Ronald C. Dilthey, Susan M. Easter and G. Lawrence Reeves, Jr., Raleigh, for defendant-appellee.

EAGLES, Judge.

We first consider whether the trial court erred in granting defendant's motion for judgment pursuant to Rule 50(b)(1) of the North Carolina Rules of Civil Procedure.

A motion for judgment pursuant to Rule 50(b)(1) is essentially a renewal of an earlier motion for a directed verdict. Bryant v. Nationwide Mut. Fire Ins. Co., 313 N.C. 362, 368,

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