Legal Opinion

Smith v. Staton

Court of Appeals of North Carolina

Decided June 5, 1979No. 7820SC470Published

1Opinion of the Court

PARKER, Judge.

Plaintiff assigns error to the granting of defendant’s motion for a directed verdict. We find error in this regard and reverse.

The following statement of law, which has been quoted with approval by our Supreme Court in Bass v. McLamb, 268 N.C. 395, 150 S.E. 2d 856 (1966), Saunders v. Warren, 267 N.C. 735, 149 S.E. 2d 19 (1966), and Chandler v. Bottling Co., 257 N.C. 245, 125 S.E. 2d 584 (1962), is particularly applicable to the facts of the present case:

The operator of a standing or parked vehicle which constitutes a source of danger to other users of the highway is generally…

2Cases cited8 opinions

  1. Wells v. ClaytonSupreme Court of North Carolina · 1952
  2. Champion v. WallerSupreme Court of North Carolina · 1966
  3. Saunders v. WarrenSupreme Court of North Carolina · 1966
  4. Bowling v. City of OxfordSupreme Court of North Carolina · 1966
  5. Blanton v. FryeSupreme Court of North Carolina · 1967

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