TICE v. HALL

No. 410A83.

313 S.E.2d 565 (1984)

310 N.C. 589

Josie Phillips TICE v. William HALL.

Supreme Court of North Carolina.

April 3, 1984.


Attorney(s) appearing for the Case

Clark, Shaw, Clark & Bartelt by Jerome B. Clark, Jr., Fayetteville, and Teague, Campbell, Conely & Dennis by John W. Campbell, Lumberton, for plaintiff-appellee.

Anderson, Broadfoot, Anderson, Johnson & Anderson by Hal W. Broadfoot, Fayetteville, for defendant-appellant.


MARTIN, Justice.

The determinative issue on this appeal is whether Josie Phillips Tice is entitled to rely upon the doctrine of res ipsa loquitur to take her case to the jury on the question of the negligence of defendant Hall. We hold that the plaintiff is so entitled. The defendant's motion for a directed verdict was erroneously granted.

"Uniformly, in this and other courts, res ipsa loquitur has been applied to instances where foreign bodies, such...

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