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Pope v. Cumberland County Hospital System7/19/2005
proper subject of a cross-assignment of error. See N.C.R. App. P. 10(d) (appellee may cross-assign as error only those actions or omissions of the trial court which "deprived the appellee of an alternative basis in lawfor supporting the judgment, order, or other determination from which appeal was taken"); see also Welling v. Walker, 117 N.C. App. 445, 449, 451S.E.2d 329, 332 (1994) (where evidentiary argument does not provide an alternative basis in law to support the judgment, appellee may not cross-assign error), disc. review allowed, 339 N.C. 742, 454 S.E.2d 663, and review dismissed as improvidently granted, 342 N.C. 411, 464 S.E.2d 43 (1995).
III.
Plaintiffs have presented evidence sufficient to defeat a motion for a directed verdict on their negligence claims with respect to defendant's labor and delivery nurses. We, therefore, reverse the orders of the trial court granting a directed verdict to defendant Hospital on the labor and delivery claims.
Reversed.
Judges McGEE and CALABRIA concur.
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