UNIVERSITY MOTOR LODGE, INC. v. OWENS

No. 8515SC681.

338 S.E.2d 823 (1986)

UNIVERSITY MOTOR LODGE, INC. v. Norma (Dede) OWENS, U-Haul Company of Eastern North Carolina and U-Haul Company of Mississippi.

Court of Appeals of North Carolina.

February 4, 1986.


Attorney(s) appearing for the Case

Haywood, Denny, Miller, Johnson, Sessoms & Haywood by Stewart W. Fisher, Durham, for plaintiff-appellee.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Robert W. Sumner, De-Bank, McDaniel, Heidgerd, Holbrook & Anderson by Douglas F. DeBank, Raleigh, for defendants-appellants.


PARKER, Judge.

In their sole assignment of error on appeal, defendants contend the trial court erred in refusing to submit to the jury an issue relating to the contributory negligence of plaintiff in failing to post any signs or warnings on the overhead canopy as to its height or clearance from the ground below it. We disagree.

"[A]n innkeeper is not an insurer of the personal safety of his guests but is required `to exercise due care to keep his premises...

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