RYDER v. BENFIELD

No. 7925SC43.

258 S.E.2d 849 (1979)

43 N.C. App. 278

Hoyle D. RYDER v. Perry BENFIELD t/a Green Park Cabinet Center, Eddie Huffman t/a Carolina Landscaping and Paving Company, and Howard Laffon.

Court of Appeals of North Carolina.

October 16, 1979.


Attorney(s) appearing for the Case

Sigmon, Clark & Mackie by E. Fielding Clark, II and Jeffrey T. Mackie, Hickory, for plaintiff-appellee.

Helms, Mulliss & Johnston by Robert B. Cordle and N. K. Dickerson, III, Charlotte, for defendant-appellant.


HEDRICK, Judge.

First defendant assigns error to the denial of his timely motions for a directed verdict and for judgment notwithstanding the verdict. Defendant argues that the evidence fails to disclose any breach of duty on his part. To the contrary, he asserts, the evidence shows contributory negligence as a matter of law "because [plaintiff] was or should have been aware of the condition which he alleged resulted in his injury."

In ruling on defendant...

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