Legal Opinion · Dissent

Swinson v. Lejeune Motor Company, Inc.

Court of Appeals of North Carolina

Decided December 18, 2001No. COA00-1447Published

1DissentMcCULLOUGH, Judge

The majority cites the correct law and appropriate standard for reviewing directed verdicts in negligence and contributory negligence *616cases, but holds that there was sufficient evidence of a question of fact to go to the jury. Because I would hold that there were no questions of fact for the jury, I respectfully dissent.

“As a general proposition, there is no duty to protect a lawful visitor against dangers which are either known to him or so obvious and apparent that they reasonably may be expected to be discovered.” Lorinovich v. K Mart Corp., 134 N.C. App. 158, 162, 516 S.E.2d 643, 646…

2Cases cited8 opinions

  1. Clark v. RobertsSupreme Court of North Carolina · 1965
  2. Lorinovich v. K Mart Corp.Court of Appeals of North Carolina · 1999
  3. Benton v. United Bank Building Co.Supreme Court of North Carolina · 1944
  4. Walker v. County of RandolphSupreme Court of North Carolina · 1960
  5. Barber v. Presbyterian HospitalCourt of Appeals of North Carolina · 2001

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