MAZZACCO v. PURCELL

No. 128.

279 S.E.2d 583 (1981)

Robert MAZZACCO v. Harvey PURCELL and Rosemary Purcell.

Supreme Court of North Carolina.

July 8, 1981.


Attorney(s) appearing for the Case

Craighill, Rendleman, Clarkson, Ingle & Blythe, P. A. by John R. Ingle, Charlotte, for plaintiff-appellant.

Womble, Carlyle, Sandridge & Rice by Allan R. Gitter and James M. Stanley, Jr., Winston-Salem, for defendants-appellees.


HUSKINS, Justice:

The determinative question on this appeal is whether the Court of Appeals erred in upholding directed verdict for defendants. This requires two decisions: first, whether defendants were negligent in any respect whatsoever; and second, whether plaintiff was contributorily negligent as a matter of law so as to bar any claim for relief.

Taking the evidence in a light most favorable to plaintiff and giving plaintiff the benefit of every reasonable...

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