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REBER v. BOOTH

No. 911SC1300.

425 S.E.2d 450 (1993)

108 N.C. App. 731

Myra Joyce P. REBER, Administratrix of the Estate of April Love Reber, Deceased, Plaintiff, v. Edna Windom BOOTH and Jack C. Booth, Jr., Defendants.

Court of Appeals of North Carolina.

February 2, 1993.

Attorney(s) appearing for the Case

Twiford, Morrison, O'Neal & Vincent by Branch W. Vincent, III and Russell E. Twiford, Elizabeth City, for plaintiff-appellant.

Baker, Jenkins, Jones & Daly, P.A., by Ronald G. Baker and Roger A. Askew, Ahoskie, for defendant-appellant.

EAGLES, Judge.

Plaintiff first argues that the trial court erred by refusing to instruct the jury on the doctrine of last clear chance. Because the plaintiff has waived this issue, we do not reach its merits.

"Unless and until the court is persuaded to modify its pretrial order, the parties are bound by their admissions and stipulations included in the order, and may not contradict its terms. They are bound by their agreement to limit the issues, and may...

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