WATSON v. STORIE

No. 8325SC1140.

318 S.E.2d 910 (1984)

Marie WATSON, Administratrix of the Estate of Hobart Watson, Deceased v. Robert R. STORIE.

Court of Appeals of North Carolina.

September 4, 1984.


Attorney(s) appearing for the Case

West, Bingham, Delk & Swanson by Ted G. West, Lenoir, for plaintiff, appellant.

Todd, Vanderbloemen & Respess, P.A. by Bruce W. Vanderbloemen, Lenoir, for defendant, appellee.


HEDRICK, Judge.

Plaintiff contends, based on Assignment of Error No. 3, that the trial judge erred in submitting the issue of contributory negligence. Plaintiff argues there is no evidence in the record to support the jury's finding of contributory negligence. Defendant, on the other hand, argues that "there was more than ample opportunity for the decedent to remove himself from the vehicle ... or to remonstrate the driver to cease driving recklessly, let someone...

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