COLLINS v. CSX TRANSP., INC.

No. 9216SC420.

441 S.E.2d 150 (1994)

114 N.C. App. 14

William Robert COLLINS, Plaintiff-Appellant, v. CSX TRANSPORTATION, INC., T.W. Culpepper, Seaboard System Railroad, Inc., John Doe Railroad Companies, John Doe Railroad Operator, M.O. Williams, and D.W. Hardy, Defendants-Appellees.

Court of Appeals of North Carolina.

March 15, 1994.


Attorney(s) appearing for the Case

Rand, Finch & Gregory, P.A. by Thomas Henry Finch, Jr., Fayetteville, for plaintiff-appellant.

Maupin Taylor Ellis & Adams, P.A. by John C. Millberg and Frank J. Gordon, Raleigh, for defendant-appellees.


JOHN, Judge.

In this personal injury action, plaintiff appeals a judgment in favor of defendants based upon a jury verdict finding him contributorily negligent. He contends the trial court erred by (1) granting defendants' motion in limine to exclude certain evidence; (2) refusing to submit the issue of defendants' gross negligence to the jury; and (3) permitting defendants, post-verdict, to amend their pleadings to allege an affirmative defense. While we find...

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