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SWINSON v. LEJEUNE MOTOR COMPANY, INC.

No. COA00-1447.

557 S.E.2d 112 (2001)

Dallas SWINSON, Plaintiff, v. LEJEUNE MOTOR COMPANY, INC., Defendant.

Court of Appeals of North Carolina.

December 18, 2001.

Attorney(s) appearing for the Case

Jeffrey S. Miller, Jacksonville, for plaintiff-appellant.

Wallace, Morris & Barwick, P.A., by P.C. Barwick, Jr., Kinston, for defendant-appellee.

WYNN, Judge.

To grant a directed verdict for a defendant under N.C. Gen.Stat. § 1A-1, Rule 50, the trial court must determine that the evidence, when considered in the light most favorable to the plaintiff, was insufficient for submission to the jury. Smith v. Wal-Mart Stores, Inc., 128 N.C. App. 282, 495 S.E.2d 149 (1998). In this appeal, Dallas Swinson argues that a jury should have been allowed to determine whether...

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