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Home / Courts / Tort/Negligence – Wrongful Death – Contributory Negligence – Sledding Downhill Backwards – Above-Grade Manhole Cover (access required)

Tort/Negligence – Wrongful Death – Contributory Negligence – Sledding Downhill Backwards – Above-Grade Manhole Cover (access required)

Waddell v. Metropolitan Sewerage District of Buncombe County. After a three-inch snowfall, a manhole cover - which stuck up a foot and a half above the ground on the uphill side - was plainly visible when plaintiffs' decedent decided to sled down the hill on an inner tube which she knew she could not steer. The decedent sledded backwards into the manhole cover and died from her injuries. The decedent was contributorily negligent. Summary judgment for defendants is affirmed.

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