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 ...

Tagged with: 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 ...

Tagged with: Contributory Negligence

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 ...

Tagged with: Contributory Negligence

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).

Tagged with: Contributory Negligence N.C. Court of Appeals

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 ...

Tagged with: Contributory Negligence Gross Negligence

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 ...

Tagged with: Contributory Negligence

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.

Tagged with: Contributory Negligence

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.

Tagged with: auto accident Contributory Negligence Tort/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.

Tagged with: Contributory Negligence Governmental Immunity sovereign immunity

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.

Tagged with: Admiralty Contributory Negligence Tort/Negligence Wrongful Death