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COBB EX REL. KNIGHT v. TOWN OF BLOWING ROCK

No. COA09-1443.

713 S.E.2d 732 (2011)

Chelsea Amanda Brooke COBB by and through D. Rodney KNIGHT, Jr., Her Guardian Ad Litem, and Robert B. Cobb, Father of Plaintiff, Individually, Plaintiffs, v. TOWN OF BLOWING ROCK, A Municipal Corporation, and City of Blowing Rock, A Municipal Corporation, Defendants.

Court of Appeals of North Carolina.

July 5, 2011.

Attorney(s) appearing for the Case

Brown Moore & Associates, PLLC, by R. Kent Brown , for Plaintiffs-appellants.

Clawson & Staubes, PLLC, by Andrew J. Santaniello and Michael J. Kitson , for Defendant-appellee.

Poisson, Poisson & Bower, PLLC, by E. Stewart Poisson , and Goldsmith, Goldsmith & Dews, P.A., by Frank Goldsmith , for amicus curiae North Carolina Advocates for Justice.

Cranfil Sumner & Hartzog LLP, by Kari R. Johnson , for amicus curiae NC Association of Defense Attorneys.

HUNTER, JR., ROBERT N., Judge.

This case requires us to determine whether, in a negligence case, the jury must be instructed to consider the known or reasonably foreseeable characteristics of lawful visitors when the plaintiff, who is a lawful visitor, is injured by a natural condition on the defendant's property. We hold the failure to give such an instruction is error. Therefore, we award Plaintiffs a new trial.

I. Factual and Procedural Background

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