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PLASMA CENTERS v. TALECRIS PLASMA RESOURCES

No. COA11-1266.

731 S.E.2d 837 (2012)

PLASMA CENTERS OF AMERICA, LLC Plaintiff, v. TALECRIS PLASMA RESOURCES, INC., Defendant.

Court of Appeals of North Carolina.

August 7, 2012.

Attorney(s) appearing for the Case

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., Raleigh, by Michael W. Mitchell and Clifton L. Brinson , for plaintiff-appellee.

Kilpatrick Townsend & Stockton LLP, Winston-Salem, by Adam H. Charnes and Richard D. Dietz , and Graebe Hanna & Welborn, PLLC, by Christopher T. Graebe , Raleigh, and Mark R. Sigmon for defendant-appellant.

STEELMAN, Judge.

Arguments not raised by defendant in its motion for a directed verdict will not be considered by this Court when reviewing the denial of the motion for judgment notwithstanding the verdict. The trial court correctly concluded that the contract did not fall under the statute of frauds. Plaintiff's damages were proven with reasonable certainty, and defendant's motion for a new trial was properly denied.<...

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