Issue

Preservation of issues—motion for judgment notwithstanding the verdict—not specifically raised in motion for directed verdict—waiver

Summary

In a complex business case, the Supreme Court endorsed a line of precedent from the Court of Appeals holding that, to preserve an issue for use in a motion for judgment notwithstanding the verdict (JNOV) pursuant to Civil Procedure Rule 50(b)–which is essentially a renewal of a motion for directed verdict (DV)–a party must first have timely moved for a DV on the issue, articulating the same specific argument or theory to the trial court. Here, because defendant's JNOV argument as to a conversion claim rested upon a theory raised in his DV motion only as to a separate claim (for embezzlement), the Business Court properly held that the JNOV argument was waived as to conversion. Likewise, the argument underlying defendant's JNOV motion as to a fraud claim–insufficient evidence of intent to deceive–was waived where his DV motion on that claim was based upon insufficient evidence of another element–his having made misrepresentations.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →