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HARMAN v. BELK

No. COA02-1470.

600 S.E.2d 43 (2004)

C.D. HARMAN, Plaintiff, v. William I. BELK, Defendant.

Court of Appeals of North Carolina.

August 17, 2004.

Attorney(s) appearing for the Case

James, McElroy & Diehl, P.A., by William K. Diehl, Jr. and Preston O. Odom, III, Charlotte, for plaintiff-appellant.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P., by Mel J. Garofalo and M. Duane Jones, Charlotte, for defendant-appellee.

GEER, Judge.

Plaintiff C.D. Harman appeals a judgment entered on a jury verdict finding that defendant William I. Belk did not slander plaintiff during the course of a deposition in another lawsuit. We hold that any error in the conduct of the trial was harmless because the trial court should have granted defendant's motion for a directed verdict following the close of plaintiff's evidence. The deposition was a judicial proceeding and Belk's comments were not palpably...

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