Williams v. Boulerice

Appeal As To Dependants Boulerice

Plaintiff assigns as error the entry of judgment of compulsory nonsuit of her action against defendants Boulerice.

Plaintiff’s evidence shows Cecelia Boulerice was faced with a sudden emergency. “ ‘One who is required to act in an emergency is not held by the law to the wisest choice of conduct, but only to such choice as a person of ordinary care and prudence, similarly situated, would have made.’ ” Lamm v. Gardner, 250 N.C. 540, 108 S.E. 2d 847; Lawing v. Landis, 256 N.C. 677, 124 S.E. 2d 877; Simmons v. Rogers, 247 N.C. 340, 100 S.E. 2d 849. Ordinarily, the…