COCKRELL v. CROMARTIE TRANSPORT CO.

No. 53.

245 S.E.2d 497 (1978)

Norman W. COCKRELL, Administrator of the Estate of Mary Lynn Cockrell v. CROMARTIE TRANSPORT COMPANY and Johnny Harold Cavanaugh.

Supreme Court of North Carolina.

July 14, 1978.


Attorney(s) appearing for the Case

Downing, David, Vallery & Maxwell by C. Douglas Maxwell, Jr., and Harold D. Downing, Fayetteville, for plaintiff-appellant.

MacRae, MacRae & Perry by James C. MacRae, Fayetteville, for defendants-appellees.


COPELAND, Justice.

The sole assignment of error properly preserved for our consideration on this appeal is the failure of the trial court to instruct the jury on the doctrine of last clear chance. In its decision, the Court of Appeals concluded that last clear chance did not apply unless both parties were found negligent and held that the jury's verdict in the instant case finding the operator of the truck not to be negligent mooted any possible error by the trial...

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