Clary v. Alexander County Board of Education

BALEY, Judge.

The sole question for decision in this case is whether plaintiffs’ evidence when considered in its most favorable light for the plaintiffs discloses contributory negligence as a matter of law. The trial court answered this question in the affirmative, and we agree.

As a student participating in pre-season practice for the Stony Point High School basketball team, Roger Dale Clary was an invitee on the property of defendant. See Hood v. Coach Co., 249 N.C. 534, 107 S.E. 2d 154; Pafford v. Construction Co., 217 N.C. 730, 9 S.E. 2d 408. A landlord owes a duty to an invitee to use…