WOLFE v. BURKE

No. 9015SC226.

398 S.E.2d 913 (1990)

101 N.C. App. 181

John Dewitt WOLFE, Plaintiff, v. John Carl BURKE, Defendant.

Court of Appeals of North Carolina.

December 18, 1990.


Attorney(s) appearing for the Case

Hutchins, Tyndall, Doughton & Moore by Laurie L. Hutchins, Winston-Salem, for plaintiff-appellant.

Walter L. Horton, Jr., Raleigh, for defendant-appellee.


ORR, Judge.

The issue on appeal is whether the trial court erred in granting defendant's motion for directed verdict on the grounds that 1) there was insufficient evidence regarding the issue of defendant's negligence which was a proximate cause of plaintiff's injury to go to the jury, and 2) the evidence disclosed that the plaintiff was contributorially negligent as a matter of law. For the reasons set forth below, we conclude that the trial court erred in granting...

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