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POYTHRESS v. BURLINGTON INDUSTRIES, INC.

No. 7916SC242.

266 S.E.2d 756 (1980)

George Thomas POYTHRESS v. BURLINGTON INDUSTRIES, INC.

Court of Appeals of North Carolina.

June 3, 1980.

Attorney(s) appearing for the Case

Mason, Williamson, Etheridge & Moser by Kenneth S. Etheridge and Daniel B. Dean, Laurinburg, for plaintiff-appellant.

Hedrick, Parham, Helms, Kellam & Feerick by J. A. Gardner, III, Charlotte, for defendant-appellee.

WEBB, Judge.

The question posed by this appeal is whether the jury could have concluded from the evidence that the agent of defendant who was operating the forklift did something which a reasonable man would not have done or failed to do something which a reasonable man would have done which proximately caused the plaintiff's injury. See 9 Strong's N.C. Index 3d, Negligence § 1 (1977) for a definition of negligence. The fact that there was an accident...

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