McNeil v. Gardner

Judge Eagles

dissenting.

I agree that there is sufficient evidence to submit the issue of the defendant’s negligence to the jury. However, I disagree with that portion of the majority’s opinion which holds that the plaintiff was not contributorily negligent as a matter of law.

The majority attempts to distinguish the instant case from Meadows v. Lawrence, 75 N.C. App. 86, 330 S.E.2d 47, affirmed, 315 N.C. 383, 337 S.E.2d 851 (1985), because of factual dissimilarities. In doing so, the majority overlooks the sound legal principles applied in Meadows, which are equally applicable here. In Meadows,…