Prevette v. Wilkes General Hospital, Inc.

PARKER, Judge.

The sole question presented by this appeal is whether the court erred in submitting the issue of contributory negligence to the jury. We find no error and accordingly affirm.

In determining the sufficiency of the evidence to justify the submission of an issue of contributory negligence to the jury, we must consider the evidence in the light most favorable to the defendant and disregard that which is favorable to the plaintiff. Boyd v. Wilson, 269 N.C. 728, 153 S.E. 2d 484 (1967); Wilson v. Camp, 249 N.C. 754, 107 S.E. 2d 743 (1959); 9 Strong’s N.C. Index 3d, Negligence § 34. “If…