SMITH v. McRARY

No. 8128DC258.

284 S.E.2d 192 (1981)

James Lawrence SMITH v. Bynum McRARY d/b/a McRary Harley-Davidson.

Court of Appeals of North Carolina.

November 17, 1981.


Attorney(s) appearing for the Case

Stephen D. Kaylor, Asheville, for plaintiff-appellant.

Harrell & Leake by Larry Leake, Asheville, for defendant-appellee.


WELLS, Judge.

Plaintiff's assignments of error relate to the trial judge's denial of plaintiff's motion to amend his complaint, the court's refusal to allow the opinion testimony of plaintiff's expert witness, and the failure of the judge to adequately define proximate cause and foreseeability, to apply the law to the evidence, and to instruct the jury on absolute liability. We find error in the jury instructions and order a new trial.

Plaintiff's evidence...

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