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SMITH v. GARRETT

No. 7614SC533.

230 S.E.2d 775 (1977)

Betty H. SMITH, Plaintiff, v. Millie Barbour GARRETT, Administratrix of the Estate of Robert Louis Garrett, Defendant and Third-Party Plaintiff, v. Juanita Smith BURNS, Third-Party Defendant. Juanita Smith BURNS, Plaintiff, v. Millie Barbour GARRETT, Administratrix of the Estate of Robert Louis Garrett, Defendant.

Court of Appeals of North Carolina.

January 5, 1977.

Attorney(s) appearing for the Case

Moore & Keith by Thomas W. Moore, Jr., Winston-Salem, for plaintiff Burns.

Badgett, Calaway, Phillips & Davis by Richard G. Badgett and Womble, Carlyle, Sandridge & Rice by Allan R. Gitter, Winston-Salem, for plaintiff Smith.

Newsom, Graham, Strayhorn, Hedrick, Murray & Bryson by James L. Newsom and Bryant, Bryant, Drew & Crill by Victor S. Bryant, Jr., Durham, for the defendant and third-party plaintiff.

Smith, Anderson, Blount & Mitchell by James D. Blount, Jr., and J. G. Billings, Raleigh, for third-party defendant.

BROCK, Chief Judge.

APPEAL OF PLAINTIFFS

Plaintiffs argue that the court erred in granting the defendant's motion for a directed verdict. We agree. At trial the plaintiffs presented evidence that established a prima facie case of negligence on the part of the deceased. Thus, with no further showings, plaintiffs would be entitled to go to the jury.

In this case defendant countered with testimony aimed at establishing the affirmative defense...

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