WILLIAMS v. ODELL

No. 8812SC209.

370 S.E.2d 62 (1988)

90 N.C. App. 699

Clarence WILLIAMS, Administrator of the Estate of Delphine Adams Warren v. Charles Jeffrey ODELL.

Court of Appeals of North Carolina.

July 19, 1988.


Attorney(s) appearing for the Case

Downing, David, Maxwell & Melvin by Stephen R. Melvin, Fayetteville, for plaintiff-appellant.

Singleton, Murray & Craven by Rudolph G. Singleton, Jr., and Richard T. Craven, Fayetteville, for defendant-appellee.


SMITH, Judge.

Plaintiff's sole assignment of error before this court is that the trial court erred in granting defendant's motion for judgment in accordance with the motions for a directed verdict pursuant to G.S. 1A-1, Rule 50(b). First, plaintiff contends that the evidence presented genuine issues of material fact concerning Ms. Warren's contributory negligence which should have been determined by a jury. Second, he contends that in the event Ms. Warren was contributorily...

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