BROOKS v. FRANCIS

No. 8110SC624.

291 S.E.2d 889 (1982)

Blanche BROOKS v. Florence I. FRANCIS and Lawrence Brothers Company, (Inc.).

Court of Appeals of North Carolina.

June 1, 1982.


Attorney(s) appearing for the Case

Vaughan S. Winborne, Raleigh, for plaintiff-appellant.

Lassiter & Walker by James H. Walker, Raleigh, for defendant-appellee Florence I. Francis.

Johnson, Patterson, Dilthey & Clay by Dan M. Hartzog, Raleigh, for defendant-appellee, Lawrence Bros. Co., Inc.


MORRIS, Chief Judge.

Defendants argue, citing the common law, that summary judgment was appropriate in that they owed no duty to repair or warn plaintiff of the defective condition of the steps, and alternatively, that plaintiff was contributorily negligent as a matter of law by using the rear stairs, which she knew to be dangerous. We hold that defendants did indeed bear a duty to repair, but that plaintiff was contributorily negligent as a matter of law, barring...

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