COOPER v. TOWN OF SOUTHERN PINES

No. 8120SC887.

293 S.E.2d 235 (1982)

Karen Stutts COOPER v. TOWN OF SOUTHERN PINES and Seaboard Coast Line Railroad Company.

Court of Appeals of North Carolina.

July 6, 1982.


Attorney(s) appearing for the Case

Pollock, Fullenwider, Cunningham & Patterson by Bruce T. Cunningham, Jr., Southern Pines, for plaintiff-appellant.

Young, Moore, Henderson & Alvis by John E. Aldridge, Jr., Raleigh, and Brown, Holshouser & Pate by W. Lamont Brown, Southern Pines, for defendants-appellees.


VAUGHN, Judge.

There are two issues on appeal. (1) Did plaintiff present sufficient evidence to submit the question of the Town's negligence to the jury? (2) If so, did plaintiff's evidence establish contributory negligence as a matter of law? For the following reasons, we conclude that the court improperly entered a directed verdict in favor of the Town.

To establish a prima facie case of negligence, plaintiff must establish that defendant owed her...

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