CASEY v. FREDRICKSON MOTOR EXP. CORP.

No. 8828SC1274.

387 S.E.2d 177 (1990)

97 N.C. App. 49

Kelly Robert CASEY, By and Through his Guardian ad Litem, Brenda KIRTON and Mary Lois Casey, Plaintiffs, v. FREDRICKSON MOTOR EXPRESS CORPORATION, Defendant.

Court of Appeals of North Carolina.

January 16, 1990.


Attorney(s) appearing for the Case

Tharrington, Smith & Hargrove by John R. Edwards and Douglas E. Kingsbery, Raleigh, for plaintiffs-appellants.

Collie and Wood by George C. Collie and James F. Wood, III, and Charles M. Welling, Charlotte, for defendant-appellee.


COZORT, Judge.

Plaintiff appeals from a jury verdict finding that plaintiff was not injured by the negligence of defendant. He contends that he was prejudiced by the trial court's refusal to instruct the jury on the "thin-skulled plaintiff" doctrine. We agree and remand for a new trial.

On 3 November 1981, plaintiff, a twenty-four-year-old student at UNC-Asheville, was driving his automobile on U.S. 25A (also called Sweeten Creek Road) in Asheville. Plaintiff...

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