Court of Appeals of North Carolina April 4, 2000, COA98-750-2 (McLain v. Taco Bell Corp.)

JOHN, Judge.

Plaintiff contends the trial court erred,

inter alia,

in failing to charge the jury on the alleged destruction or non-production of evidence by defendant Taylor Foods, Inc. (Taylor Foods). We hold that, under the circumstances

sub judice,

the lack of such instruction constituted reversible error entitling plaintiff to a partial new trial.