CLEMONS v. WILLIAMS

No. 823SC310.

300 S.E.2d 873 (1983)

William CLEMONS and Patricia Clemons, Co-Administrators of the Estate of Wayne McCoy Clemons v. Donald Ray WILLIAMS.

Court of Appeals of North Carolina.

April 5, 1983.


Attorney(s) appearing for the Case

Willis A. Talton, Greenville, for plaintiffs-appellants.

Speight, Watson & Brewer by W. Walton Kitchin, Jr., Greenville, for the defendant-appellee.


EAGLES, Judge.

Plaintiffs assign as error the dismissal of the case at the close of their evidence. The appeal raises the question of whether plaintiffs presented sufficient evidence of defendant's negligence, plaintiffs' intestate's contributory negligence, and defendant's last clear chance to avoid injury to plaintiffs' intestate, to allow the submission of these three issues to the jury for final determination. At each of the three levels of our inquiry, we must...

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