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Home / Courts / N.C. Court of Appeals / Tort/Negligence – Sudden Emergency Doctrine – No Outside Agency – Downed Cable – Cyclists (access required)

Tort/Negligence – Sudden Emergency Doctrine – No Outside Agency – Downed Cable – Cyclists (access required)

Holding: There is no evidence that any outside agency caused the plaintiff-bicyclists to fail to keep a proper lookout or to maintain a safe speed before they collided with defendant’s downed cable. Accordingly, the trial court erred when it instructed the jury on the sudden emergency doctrine. We vacate the judgment for plaintiffs and remand for ...

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