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Oakes v. Wooten10/4/2005
tion for directed verdict as to plaintiff's contributory negligence. We further conclude the trial court did not err in awarding certain expert witness fees pursuant to N.C. Gen. Stat. .. 6-20 and 7A-305. However, as we find an abuse of discretion in the trial court's award of attorneys' fees and costs under Rule 37, and a lack of statutory authority for the award of certain costs pursuant to N.C. Gen. Stat. . 6-20, we reverse those awards of attorneys' fees and costs to plaintiffs, and remand for entry of a new order as to costs consistent with this opinion.
Affirmed in part, reversed and remanded in part.
Judges McCULLOUGH and LEVINSON concur.
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