VANCAMP v. BURGNER

No. 8915SC523.

392 S.E.2d 453 (1990)

99 N.C. App. 102

Betsy VANCAMP, Plaintiff, v. Wanda Carter BURGNER, Samuel Richard Burgner, Defendants.

Court of Appeals of North Carolina.

June 19, 1990.


Attorney(s) appearing for the Case

Blackwell & Lapping by Jeff Blackwell, Wilmington, for plaintiff-appellant.

Babb and Barr by Billy R. Barr, Winston-Salem, for defendants-appellees.


JOHNSON, Judge.

The sole issue raised by this appeal is whether the trial court erred in deciding that the doctrine of last clear chance was inapplicable as a matter of law to the facts of the case. We find that the evidence required submitting the issue of last clear chance to the jury and the trial court erred in directing a verdict for defendant.

The plaintiff must prove the following four elements to be entitled to a jury instruction on last clear chance...

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