STACY v. JEDCO CONST., INC.

No. 9416SC344.

457 S.E.2d 875 (1995)

119 N.C. App. 115

Joan P. STACY and Susan P. Huffaker, Executrixes of the Estate of John R. Purser, Jr., Plaintiff, v. JEDCO CONSTRUCTION, INC., Defendant.

Court of Appeals of North Carolina.

June 6, 1995.


Attorney(s) appearing for the Case

Anderson, Broadfoot, Johnson, Pittman, Lawrence & Butler by Steven C. Lawrence, Fayetteville, for plaintiff-appellants.

McCoy, Weaver, Wiggins, Cleveland & Raper by Richard M. Wiggins and Rodney B. Davis, Fayetteville, for defendant-appellee.


JOHN C. MARTIN, Judge.

Plaintiffs' assignments of error and contentions focus on the second issue submitted to the jury; i.e., the issue of contributory negligence. By cross-assignments of error, defendant Jedco contends its motion for directed verdict should have been granted and the issue of its negligence should not have been submitted to the jury. For the reasons stated herein, we hold plaintiffs are entitled to a new trial on the issue of Mr. Purser's contributory...

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