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COWAN v. LAUGHRIDGE CONST. CO.

No. 8129SC941.

291 S.E.2d 287 (1982)

John Ray COWAN v. LAUGHRIDGE CONSTRUCTION COMPANY, a corporation.

Court of Appeals of North Carolina.

May 18, 1982.

Attorney(s) appearing for the Case

Goldsmith & Goldsmith by C. Frank Goldsmith, Jr., Marion, for plaintiff-appellant.

Roberts, Cogburn & Williams by Landon Roberts, James W. Williams, and Isaac N. Northup, Jr., Asheville, for defendant-appellee.

VAUGHN, Judge.

Negligence is not presumed simply because an accident has occurred. In order to establish a prima facie case of negligence, plaintiff must offer evidence that defendant owed him a duty of care, that defendant breached that duty, and that defendant's breach was the actual and proximate cause of plaintiff's injury. Burr v. Everhart, 246 N.C. 327, 98 S.E.2d 327 (1957). If...

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