LLOYD v. NORFOLK SOUTHERN RY. CO.

No. COA13-379.

752 S.E.2d 704 (2013)

James C. LLOYD, III, Plaintiff, v. NORFOLK SOUTHERN RAILWAY COMPANY, Ergon Trucking, Inc. and Jeremy Ryan Tucker, Defendants.

Court of Appeals of North Carolina.

December 17, 2013.


Attorney(s) appearing for the Case

Twiggs, Strickland & Rabenau, P.A., Raleigh, by Jerome P. Trehy, Jr. , for plaintiff-appellee.

Millberg Gordon Stewart PLLC, by Frank J. Gordon , Raleigh, and B. Tyler Brooks , for defendant-appellee.

Parker Poe Adams & Bernstein LLP, Charlotte, by Jason R. Benton , for defendant-appellants.


STEELMAN, Judge.

Where defendants Ergon and Tucker failed to show that plaintiff unreasonably failed to mitigate his damages, the trial court correctly decided their motion for judgment notwithstanding the verdict. Where Ergon and Tucker failed to make a timely objection to the evidence now complained of, and based upon the evidence presented, the damages awarded by the jury to the plaintiff were not excessive; the trial court correctly denied their motion for a new...

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