McMahan v. Bumgarner

WALKER, Judge.

Plaintiff sued defendant for negligently causing damage to his vehicle as a result of an accident on 18 April 1992 at the intersection of Fairview Road and Valencia Terrace in Charlotte. Defendant filed an answer and counterclaim which alleged that plaintiff was contrib-utorily negligent and that plaintiff negligently caused damage to defendant’s vehicle. Thereafter, plaintiff amended his counterclaim to allege that defendant had the last clear chance to avoid the accident.

The evidence at trial showed that on 18 April 1992, plaintiff, while driving south on Valencia Terrace,…