Bryant v. Ballance

BRITT, Judge.

In her first assignment of error, plaintiff contends that the court erred in admitting certain evidence by defendant for that the evidence violated G.S. 8-51, the “Dead Man’s Statute.” Assuming, arguendo, that the challenged testimony did violate the statute, it was rendered admissible when the sister of intestate, as plaintiff’s witness, testified that defendant was driving and that he was not intoxicated. This opened the door for defendant’s version of the matter. Pearce v. Barham, 267 N.C. 707, 149 S.E. 2d 22 (1966) ; Carswell v. Greene, 253 N.C. 266, 116 S.E. 2d 801 (1960).…