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318 N.C. 407
N.C.
1986
PER CURIAM.

Plaintiff assigns as error the denial by the trial judge of her motion to set aside the verdict of the jury on the issue of contributory negligence. This motion was in effect a motion for judgment notwithstanding the verdict pursuant to Rule 50(b)(1) of the North Carolina Rules of Civil Procedure. Plaintiff failed to move for a directed verdict at the close of all the evidence. Therefore, plaintiff failed to preserve her right to move for judgment notwithstanding the verdict. Graves v. Walston, 302 N.C. 332, 275 S.E. 2d 485 (1981).

Modified and affirmed.

Case Details

Case Name: Tatum v. Tatum
Court Name: Supreme Court of North Carolina
Date Published: Oct 7, 1986
Citations: 318 N.C. 407; 348 S.E.2d 813; 1986 N.C. LEXIS 2660; 161A86
Docket Number: 161A86
Court Abbreviation: N.C.
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