PIPPINS v. GARNER

No. 833SC421.

313 S.E.2d 245 (1984)

Carolyn Denise PIPPINS and Shirley Pippins v. William Charles GARNER.

Court of Appeals of North Carolina.

April 3, 1984.


Attorney(s) appearing for the Case

Jeffrey L. Miller, Greenville, for plaintiffs-appellants.

Battle, Winslow, Scott & Wiley, P.A. by Marshall A. Gallop, Jr., Rocky Mount, for defendant-appellee.


HILL, Judge.

The sole issue is whether the trial court erred in refusing to submit the issue of last clear chance to the jury. We find that the court properly declined to submit the issue of last clear chance.

In order to submit the issue of last clear chance to the jury, the evidence must tend to establish the following:

(1) that plaintiff, by his own negligence, placed himself in a position of peril (or a position of peril to which he was inadvertent...

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