TYBURSKI v. STEWART

No. COA09-182.

694 S.E.2d 422 (2010)

Stephan TYBURSKI, Plaintiff, v. George C. STEWART and wife, Brenda B. Stewart, Defendants.

Court of Appeals of North Carolina.

June 15, 2010.


Attorney(s) appearing for the Case

Knott & Berger, L.L.P., by Kenneth R. Murphy, III, Raleigh, for plaintiff-appellant.

Broughton Wilkins Sugg & Thompson, PLLC, by Benjamin E. Thompson, III, Raleigh, for defendants-appellees.


GEER, Judge.

Plaintiff Stephan Tyburski appeals from an order granting summary judgment to defendants George C. and Brenda B. Stewart based on the trial court's conclusion that plaintiff had been contributorily negligent as a matter of law. While staying in defendants' rental house in Oak Island, North Carolina, plaintiff unexpectedly became locked in a sunroom and was injured while trying to escape. Because a genuine issue of material fact exists as to the reasonableness...

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