McLAIN v. TACO BELL CORP.

No. COA98-750.

527 S.E.2d 712 (2000)

Charlotte McLAIN, Plaintiff, v. TACO BELL CORP., Taylor Foods, Inc., Thomas Orr and Michelle Raynor, Defendants.

Court of Appeals of North Carolina.

April 4, 2000.


Attorney(s) appearing for the Case

Kennedy, Kennedy, Kennedy and Kennedy, L.L.P., by Harold L. Kennedy III., Harvey L. Kennedy and Annie Brown Kennedy, Winston-Salem, for plaintiff-appellant.

Hunton and Williams, by A. Todd Brown and Matthew P. McGuire, Raleigh, for defendant-appellee Taco Bell Corporation.

Poyner and Spruill, L.L.P., by Cecil W. Harrison, Jr. and Susanna K. Gibbons, Raleigh, for defendant-appellee Taylor Foods, Inc.


JOHN, Judge.

Plaintiff contends the trial court erred, inter alia, in failing to charge the jury on the alleged destruction or non-production of evidence by defendant Taylor Foods, Inc. (Taylor Foods). We hold that, under the circumstances sub judice, the lack of such instruction constituted reversible error entitling plaintiff to a partial new trial.

Relevant facts and procedural information include the following: On 24 February 1995, plaintiff...

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