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LINDSEY v. BODDIE-NOELL ENTERPRISES, INC.

No. COA00-1420.

555 S.E.2d 369 (2001)

Ralph LINDSEY, Jr., Plaintiff, v. BODDIE-NOELL ENTERPRISES, INC., d/b/a Hardee's Skat-Thru, Defendant.

Court of Appeals of North Carolina.

November 20, 2001.

Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey, & Leonard, L.L.P., by L.P. McLendon, Jr. and John W. Ormand III, Greensboro, for plaintiff-appellant.

Cranfill, Sumner & Hartzog, L.L.P., by H. Lee Evans, Jr. and Jaye E. Bingham, Raleigh, for defendant-appellee.

HUNTER, Judge.

Ralph Lindsey, Jr. ("plaintiff") appeals the trial court's entry of judgment awarding plaintiff compensatory damages but no punitive damages. Plaintiff also appeals the trial court's order denying his motion for judgment notwithstanding the verdict ("JNOV") or, in the alternative, for a new trial. We remand for a new trial on all issues.

The evidence at trial tended to establish the following facts. On 13 December 1996, plaintiff entered the...

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