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Tag Archives: auto accident

Tort/Negligence – Auto Accident – Contributory Negligence – Jury Question – Aborted Turn (access required)

Parker v. Farlow Although there is some evidence that plaintiff did not activate her turn signal for the required 100 feet and that she failed to notice the “exit only” signs at the Biscuitville driveway until she had already begun to make the turn, this evidence only raises a genuine issue as to whether plaintiff was contributorily negligent when defendant rear-ended her.

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Tort/Negligence – Wrongful Death — Respondeat Superior – Auto Accident – Morning Commute – Temporary Plant Assignment (access required)

Adkins v. Stilwell Even though, on the day of the accident, the defendant-employer had assigned the defendant-employee to fill in at its Stoneville plant instead of working her usual job at its Martinsville, Va. plant, the employee was not in the course of her employment during the drive from her home to the Stoneville plant.

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Tort/Negligence – Personal Injury – Auto Accident – Alabama Law – Automobile Guest Statute – N.C. Public Policy – Constitutional (access required)

Mosqueda v. Mosqueda N.C. residents, who were injured in an auto accident in Alabama, are barred from suing the driver because of Alabama’s automobile guest statute. Application of the statute doesn’t offend N.C. public policy or the Equal Protection Clause of the U.S. Constitution. We affirm the trial court’s grant of defendant’s motion to dismiss.

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Tort/Negligence – Auto Accident – Intersection – Plaintiff’s Green Light – Contributory Negligence (access required)

Bass v. Alvarado A plaintiff was not contributorily negligent as a matter of law when she followed four other cars through an intersection under a green light, despite the fact that she may not have kept a sufficient lookout to see defendant's car traveling on the street that was facing a red light.

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Tort/Negligence – Contributory Negligence – Auto Accident – Intersection – Dominant Road (access required)

Vickers v. Street While talking on his cell phone at a stop sign, defendant entered an intersection onto the dominant road and collided with plaintiff. Because the speed limit at the intersection was 45 mph and plaintiff was going 50 mph, the trial court correctly charged the jury on contributory negligence, and the jury rendered a verdict for defendant.

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