Dunn v. Herring

VAUGHN, Chief Judge.

The test for directing a verdict for a defendant on the ground of contributory negligence is easily stated. Such a motion should only be granted when “the evidence, when considered in the light most favorable to plaintiff, establishes plaintiffs contributory negligence so clearly that no other reasonable inference or conclusion may be drawn therefrom.” Meeks v. Atkeson, 7 N.C. App. 631, 636, 173 S.E. 2d 509, 512 (1970), quoting Brown v. Hale, 263 N.C. 176, 139 S.E. 2d 210 (1964). Although readily stated, the application of this rule to fact situations like the instant one…