LEWIS BY AND THROUGH LEWIS v. DOVE

No. 7814SC211.

251 S.E.2d 669 (1979)

39 N.C. App. 599

Wayne Lee LEWIS, By and Through his Guardian, Betty LEWIS v. Clyde DOVE.

Court of Appeals of North Carolina.

February 6, 1979.


Attorney(s) appearing for the Case

Troy & Beason, Robert A. Beason, Durham, for plaintiff-appellant.

Teague, Johnson, Patterson, Dilthey & Clay by Robert M. Clay and Robert W. Sumner, Raleigh, for defendant-appellee.


ERWIN, Judge.

Plaintiff contends that the trial court erred in allowing defendant's motion for directed verdict, G.S. 1A-1, Rule 50, in that the evidence presented by plaintiff was sufficient to take the case to the jury on defendant's negligence in failing to exercise proper caution upon seeing plaintiff, a minor child, near the highway. We agree with plaintiff.

Our Supreme Court held in Adler v. Insurance Co., 280 N.C. 146...

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