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Tort/Negligence — Slip & Fall – Department Store – Hanger & Sticky Substance – Proximate Cause – Contributory Negligence
Olatoye v. Burlington Coat Factory Warehouse Corp. (Lawyers Weekly No. 15-16-0130, 11 pp.) (Sanford Steelman Jr., J.) Appealed from Durham County Superior Court (W. Osmond Smith III, J.) N.C. App. […]
Tort/Negligence – Slip & Fall – Jury Instructions – Minor Plaintiff – Landowner’s Duty – Waterfall
Cobb ex rel. Knight v. Town of Blowing Rock According to Judge Stroud’s dissent, plaintiff’s motion for a new trial was correctly denied because the jury instructions for contributory negligence already took into account the plaintiff’s age, so plaintiff was not entitled to a jury instruction that increased the defendant-landowner’s duty based on the plaintiff’s age.
Tort/Negligence – Summary Judgment – Duty to Warn – Slip & Fall — Dangerous Condition — Open & Obvious Danger – Contributory Negligence
Katibah v. Target Stores Where there is conflicting testimony as to how obvious a danger to a store customer is - in this case, a puddle of urine that caused a fall in the store’s restroom - summary judgment cannot be granted. In addition, because defendant’s motion for summary judgment fails on the duty to warn, defendant’s motion for summary judgment based on the derivative affirm[...]
Tort/Negligence – Slip & Fall – Jury Instructions – Minor Plaintiff – Landowner’s Duty – Waterfall
Cobb ex rel. Knight v. Town of Blowing Rock On the defendant-town’s property, the 12-year-old plaintiff stepped off an observation deck into a stream, slipped, and fell over a waterfall, sustaining serious injuries. The trial court should have instructed the jury to consider the known or reasonably foreseeable characteristics of lawful visitors when a plaintiff, who is a lawful visitor,[...]
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