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Contributory Negligence

Sep 10, 2018

Tort/Negligence – Contributory Negligence – Hit & Run – Bicyclist’s Intoxication – Proximate Cause

Where there was some evidence that the plaintiff-bicyclist, a hit-and-run victim, had been drinking and may have been swerving, and where his own doctor opined that alcohol can affect the ability to ride a bicycle in a safe manner, the trial court did not err in submitting the issues of contributory negligence and contributory gross […]

Sep 4, 2018

Tort/Negligence – Runner’s Fall – Storm Drain – Shortcut – Contributory Negligence

Even though a pedestrian crosswalk path would have taken plaintiff to the passenger-side door of her husband’s car, plaintiff took a shortcut across a grass median and – distracted by looking at her children and husband – did not see a storm drain whose metal grate had been removed. Plaintiff’s injuries from the fall were […]

Dec 8, 2016

Tort/Negligence – Contributory Negligence – Insufficient Evidence – Traffic Accident

Daisy v. Yost (Lawyers Weekly No. 011-389-16, 7 pp.) (Chris Dillon, J.) Appealed from Guilford County Superior Court (Eric Morgan, J.) N.C. App. Holding: Defendant’s left-turn arrow was solid red and plaintiff’s light facing the opposite direction was yellow when plaintiff drove (at the speed limit) straight through the intersection and defendant made her turn, […]

Sep 4, 2015

Contributory Negligence – Rear-End Collision – Fire Truck’s Approach

Holding: Contrary to defendant’s argument, plaintiff was not required to try to make it across an intersection when he saw and heard a fire truck on its way into the intersection; plaintiff was not contributorily negligent when he stopped in compliance with G.S. § 20-156(b).

Jul 8, 2015

Tort/Negligence — Gross Contributory Negligence – Directed Verdict – Alcohol Consumption – Jury Question

McCauley v. Thomas (Lawyers Weekly No. 15-07-0664, 20 pp.) (Douglas McCullough, J.) Appealed from Lee County Superior Court (Thomas Lock, J.) N.C. App. Holding: Although plaintiff admitted that she had consumed enough alcohol to feel the effects and that defendant had consumed more drinks than she, plaintiff also testified that defendant did not appear to […]

Aug 29, 2014

Contract – Construction – Indemnity – Blue-Penciled Provision

In re New Bern Riverfront Development, LLC (Weaver Cooke Construction, LLC v. J. Davis Architects, PLLC) (Lawyers Weekly No. 14-05-0838, 25 pp. (Stephani Humrickhouse, J.) 10-00023-8; E.B.N.C. Holding: The indemnity provision in the contract between the third-party plaintiff-general contractor and the third-party defendant-subcontractor would require the subcontractor to indemnify the general cont[...]

Oct 3, 2013

Tort/Negligence – Contributory Negligence – Civil Practice – Rule 30(b)(6) Deposition – Other Evidence

Severn Peanut Co. v. Industrial Fumigant Co. : Even though the corporate representatives who appeared at plaintiffs’ Rule 30(b)(6) depositions testified that they were unaware of any facts to support defendants’ allegations that plaintiff Severn was contributorily negligent, there are other facts in the record which raise issues of material fact as to plaintiff Severn’s contributo[...]

Oct 9, 2012

Tort/Negligence – Auto Accident – Contributory Negligence – Jury Question – Aborted Turn

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.

Aug 28, 2012

Torts – Sovereign immunity – Governmental immunity – Contributory negligence

Estate of Erik Dominic Williams v. Pasquotank Cnty. Parks & Recreation Dep’t Determining whether a governmental body is entitled to immunity does not turn solely or predominantly on the fact that the services defendants provided could also be provided by nongovernmental entities.

Aug 7, 2012

Tort/Negligence – Wrongful Death – Contributory Negligence – Admiralty – State Law Action

Thorpe v. TJM Ocean Isle Partners LLC Plaintiffs’ decedent was working at a marina when he was killed, and admiralty law claims are subject to the defense of comparative negligence rather than contributory negligence. Nevertheless, since plaintiffs allege that defendants violated non-maritime duties imposed by N.C. law, plaintiffs cannot bring a wrongful death claim based in admiralty a[...]

May 10, 2012

Tort/Negligence – Public Utilities – Unburied Cables – Trip & Fall – Contributory Negligence

Stephenson v. Time Warner Cable Inc. Even though the defendant-utility companies’ cables should have been buried, plaintiff knew they were on the ground, she had experience walking through them, and she did so anyway. Plaintiff’s trip and fall was the result of contributory negligence. We affirm summary judgment for defendants.

Feb 17, 2012

Tort/Negligence – Personal Injury – Drunk Driver’s Passenger – Contributory Negligence – Evidence – Cocaine Use – Expert Witness Qualifications

Thornton v. Stuckey Since there was a question as to whether plaintiff was contributorily negligent by riding with the defendant-drunk driver, evidence of plaintiff’s cocaine use was relevant.

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