DESMOND v. CITY OF CHARLOTTE

No. COA00-260.

544 S.E.2d 269 (2001)

Virginia D. DESMOND, Plaintiff, v. CITY OF CHARLOTTE, a Municipal Corporation, Defendant.

Court of Appeals of North Carolina.

April 3, 2001.


Attorney(s) appearing for the Case

Law Offices of Chandler deBrun Fink & Hayes, by Walter L. Hart, IV, Charlotte, for plaintiff-appellee.

Crews & Klein, P.C., by James N. Freeman, Jr. and Andrew W. Lax, Charlotte, for defendant-appellant.


EAGLES, Chief Judge.

Defendant appeals the trial court's grant of judgment notwithstanding the verdict and a new trial to plaintiff, and also the trial court's denial of defendant's own motion for a directed verdict. Because we hold that the plaintiff failed to present sufficient evidence upon which a jury could find that the city of Charlotte was negligent, we reverse.

The evidence tended to show that on the evening of 15 April 1997, plaintiff met two friends...

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