Legal Opinion

Thomas v. Deloatch

Court of Appeals of North Carolina

Decided March 4, 1980No. 796SC677PublishedCited by 3 opinions

1Opinion of the Court

VAUGHN, Judge.

Defendant contends his motion for directed verdict at the close of all the evidence and, therefore, his motion for judgment notwithstanding the verdict should have been granted against both plaintiffs because they were contributorily negligent as a matter of law.

The general rule is that a directed verdict for a defendant on the ground of contributory negligence may only be granted when the evidence taken in the light most favorable to plaintiff establishes [plaintiff’s] negligence so clearly that no other reasonable inference or conclusion may be drawn therefrom. Contradictions…

2Cases cited18 opinions

  1. McNair v. BoyetteSupreme Court of North Carolina · 1972
  2. Rappaport v. Days Inn of America, Inc.Supreme Court of North Carolina · 1979
  3. Bowen v. CONSTRUCTORS EQUIPMENT RENTAL COMPANYSupreme Court of North Carolina · 1973
  4. Clark v. BodycombeSupreme Court of North Carolina · 1976
  5. Price v. MillerSupreme Court of North Carolina · 1967

13 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Adams v. MillsSupreme Court of North Carolina · 1984
  2. Barber v. ConstienCourt of Appeals of North Carolina · 1998
  3. Hord v. AtkinsonCourt of Appeals of North Carolina · 1984

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