1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 328 S.E.2d
  5. 328 S.E.2d 886 (1985)
 

GUPTON BY GUPTON v. McCOMBS

No. 8410SC789.

328 S.E.2d 886 (1985)

Shane Forest GUPTON, by George Edward GUPTON, Jr., g/a/l and George Edward Gupton, Jr., individually v. Sue Stancil McCOMBS and William F. McCombs d/b/a North Ridge 66.

Court of Appeals of North Carolina.

May 7, 1985.

Attorney(s) appearing for the Case

Blanchard, Tucker, Twiggs, Earls & Abrams by Charles F. Blanchard and Irvin B. Tucker, Jr., for plaintiff-appellants.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Ronald C. Dilthey and H. Lee Evans, Jr., for defendant-appellees.

JOHNSON, Judge.

The dispositive issue on this appeal is whether the court erred in submitting an instruction on the doctrine of sudden emergency. For the following reasons, we conclude it did err and award plaintiffs a new trial.

At approximately 3:45 p.m. on 12 June 1982, Mrs. McCombs was traveling east at approximately 30 to 35 miles per hour on Spring Forest Road, a two lane road, in Raleigh, North Carolina when she observed a boy, plaintiff Shane Gupton...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases