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Tag Archives: Contributory Negligence

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

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 contributory negligence.

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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 – Contributory Negligence – Admiralty – State Law Action (access required)

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 against defendants. Since N.C. law is the source of plaintiffs’ claims, the substantive law of North Carolina applies, including the defense of contributory negligence.

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