MANLEY BY AND THROUGH MANLEY v. PARKER

No. COA95-217.

473 S.E.2d 36 (1996)

Demond Antonio MANLEY, a Minor Child By and Through His Guardian Ad Litem, Betty MANLEY, Plaintiffs, v. Michael D. PARKER, Public Administrator for the Estate of Cynthia Melvin Phillips, A.K.A. Cynthia Darlene Eades Melvin Phillips and Broadway Yellow Cab Company, Inc., Defendants.

Court of Appeals of North Carolina.

August 6, 1996.


Attorney(s) appearing for the Case

Newsome, Graham, Hedrick & Kennon, P.A. by Joel M. Craig, Durham, for defendant-appellees.

Perry, Perry & Perry, P.A. by Robert T. Perry, Durham, for plaintiff-appellant.


McGEE, Judge.

The determining issue on appeal is whether plaintiff presented sufficient evidence to overcome defendants' motion for a directed verdict. After reviewing the record and transcript, we hold that he did not and affirm the order of the trial court.

The well-settled rule in this state is that a driver who otherwise exercises reasonable care has no duty to foresee the sudden appearance of a child who darts out into a street. Koonce v. May,...

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