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McNEIL v. GARDNER

No. 915SC37.

411 S.E.2d 174 (1991)

Albert A. McNEIL, Administrator of the Estate of Clementine Smith McNeil, Plaintiff, v. Derek Kenneth GARDNER, Defendant.

Court of Appeals of North Carolina.

December 17, 1991.

Attorney(s) appearing for the Case

Yow, Culbreth & Fox, by Stephen E. Culbreth, Wilmington, for plaintiff, appellant.

Smith and Smith, by Walter M. Smith, Wilmington, for defendant, appellee.

HEDRICK, Chief Judge.

The trial judge clearly directed a verdict for defendant because he felt that the evidence disclosed plaintiff's intestate's negligence as a matter of law. When plaintiff argued to the trial court that the issue of defendant's negligence and the issue of last clear chance had not been ruled on, the court stated "I am not going to let it go to the jury on that ... I am going to let the Court of Appeals decide this issue before we do that."

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