State v. Tioran

WELLS, Judge.

The principal question we decide in this appeal is whether a defendant charged with death by vehicle under G.S. § 20-141.4 1 may assert the intervening negligence of another as a defense. We answer that question in the affirmative and order a new trial.

In the case now before us, defendant requested the trial court to instruct the jury on intervening negligence. His request was refused. Defendant contends that the theory of his defense was that the negligence of William Merryman intervened between defendant’s negligence and the fatal collision, so as to insulate defendant’s…