COBO v. RABA

No. 127A97.

495 S.E.2d 362 (1998)

347 N.C. 541

Virginia COBO, Executrix of the Estate of Michael Cobo v. Ernest A. RABA, M.D.

Supreme Court of North Carolina.

February 6, 1998.


Attorney(s) appearing for the Case

Maxwell, Freeman & Bowman, P.A. by James B. Maxwell, Durham, for plaintiff-appellant.

Ragsdale, Liggett & Foley by George R. Ragsdale and David K. Liggett, Raleigh; and Anderson, Johnson, Lawrence, Butler & Bock by Lee B. Johnson, Fayetteville, for defendant-appellee.

Law Office of Martin A. Rosenberg by Martin A. Rosenberg, Chapel Hill, on behalf of North Carolina Academy of Trial Lawyers, amicus curiae.

Golding, Meekins, Holden, Cosper & Stiles by Elaine Cohoon Miller, Charlotte, on behalf of North Carolina Association of Defense Attorneys, amicus curiae.


LAKE, Justice.

This is a medical malpractice case which presents the single issue of whether the asserted affirmative defense of plaintiff's contributory negligence should have been submitted to the jury. The Court of Appeals majority concluded the trial court committed reversible error by refusing to instruct on and submit this issue to the jury for its determination. For the reasons stated herein, we affirm the decision of the Court of Appeals.

At trial...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases