SOBCZAK v. VORHOLT

No. COA05-1298.

640 S.E.2d 805 (2007)

Scott P. SOBCZAK, Plaintiff, v. Matthew G. VORHOLT, Defendant.

Court of Appeals of North Carolina.

February 20, 2007.


Attorney(s) appearing for the Case

Thomas, Ferguson & Mullins, L.L.P., by Jay H. Ferguson, Durham, for Plaintiff-Appellant.

Law Offices of Douglas F. DeBank, by Douglas F. DeBank, Durham, for Defendant-Appellee.


STEPHENS, Judge.

Plaintiff appeals from a judgment of the trial court which dismissed his lawsuit with prejudice after a jury found in favor of Defendant. In support of his appeal, Plaintiff brings forward two assignments of error relating to the trial judge's instructions to the jury. For the reasons stated herein, we reverse and remand for a new trial.

At trial during the 31 January 2005 session of Civil Superior Court of Durham County, the evidence tended...

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