Wentz v. Unifi, Inc.

WELLS, Judge.

Plaintiff, in his first argument contends that because of the factual inconsistencies between the plaintiffs and defendants’ pleadings, the trial court committed error in submitting the issue of contributory negligence to the jury. Relying on Dennis v. VonCannon, 272 N.C. 446, 158 S.E. 2d 489 (1968) and Jackson v. McBride, 270 N.C. 367, 154 S.E. 2d 468 (1967), plaintiff argues that acceptance of the facts which he alleges in his complaint must necessarily preclude the acceptance of facts alleged by defendants in their answers thereby negating defendants’ affirmative defense of…