WATKINS v. HELLINGS

No. 8610SC540.

350 S.E.2d 590 (1986)

83 N.C. App. 430

Lawrence E. WATKINS, Administrator of the Estate of Melissa Gray Watkins v. Lisa Susanne HELLINGS.

Court of Appeals of North Carolina.

December 2, 1986.


Attorney(s) appearing for the Case

Henson, Fuerst & Willey, P.A. by Ralph G. Willey, III and Thomas W. Henson, Rocky Mount, for plaintiff-appellant.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Ronald C. Dilthey and Sanford W. Thompson, IV, Raleigh, for defendant-appellee.


WELLS, Judge.

Plaintiff first contends that the defendant's answer was insufficient to allege contributory negligence under North Carolina law, and that the court therefore erred in submitting the issue of contributory negligence to the jury. We disagree.

Plaintiff argues that defendant failed to specifically allege in her complaint that plaintiff's decedent "had actual knowledge that the defendant's mental and physical faculties were appreciably impaired...

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