Kornegay v. Oxendine

BALEY, Judge.

The sole issue in this case is whether the trial court erred in holding both Garner and defendant contributorily negligent as a matter of law.

Since the accident occurred in Virginia, the case is governed by Virginia law. Kirby v. Fulbright, 262 N.C. 144, 136 S.E. 2d 652.

In determining whether plaintiff’s employee Garner was contributorily negligent as a matter of law, the evidence must be viewed in the light most favorable to plaintiff. Considered in this perspective, plaintiff’s evidence shows that during the early morning hours of 25 November 1970, while it was still dark,…