Defendant moved for directed verdict at the close of plaintiff's evidence and at the conclusion of all evidence. Plaintiff likewise moved for directed verdict on the issues of negligence and contributory negligence. The trial court granted directed verdict in favor of plaintiff on the issue of contributory negligence, but denied all other motions. The jury returned a verdict in favor of defendant, determining plaintiff had not been injured by the negligence of defendant. Defendant filed timely appeal to this Court 27 June 1997.
Defendant argues the trial court erred in granting plaintiff's motions for JNOV and new trial.
Because the court's allowance of both motions was legally inconsistent, however, we vacate the order and remand for further proceedings without reaching the merits of defendant's assignments of error. A JNOV motion pursuant to Rule 50 seeks entry of judgment in accordance with the movant's earlier motion for directed verdict, notwithstanding the contrary verdict actually returned by the jury. Northern Nat'l Life Ins. 70 N.C. App. It is proper to direct a verdict for a moving party with the burden of proof only if the credibility of the movant's evidence is manifest as a matter of law.