BIGELOW v. JOHNSON

No. 8018SC53.

270 S.E.2d 503 (1980)

Michael D. BIGELOW, by Guardian ad Litem, John Joseph Bigelow v. Jeffrey D. JOHNSON, James Marion Millican and Millican Construction Company. Jeffrey D. JOHNSON v. James Marion MILLICAN and Millican Construction Company.

Court of Appeals of North Carolina.

October 7, 1980.


Attorney(s) appearing for the Case

Parker & West by Gerald C. Parker, Greensboro, for plaintiff-appellant Bigelow.

Shope, McNeil & Maddox by E. Thomas Maddox, Jr., Greensboro, for plaintiff-appellant Johnson.

Nichols, Caffrey, Hill, Evans & Murrelle, Greensboro, by Lindsay R. Davis, Jr., Greensboro, for defendant-appellee Johnson.

Perry C. Henson and Jack B. Bayliss, Jr., Greensboro, for defendants-appellees James Marion Millican and Millican Construction Company.


HARRY C. MARTIN, Judge.

The directed verdicts in favor of the defendants should be affirmed because the plaintiffs' failure to have a lighted headlamp as required by law constitutes contributory negligence as a matter of law.

N.C.G.S. 20-129(c) provides:

Headlamps on Motorcycles.-Every motorcycle shall be equipped with at least one and not more than two headlamps which shall comply with the requirements and limitations set forth in G.S. 20-131 or...

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