Scher v. Antonucci

WHICHARD, Judge.

Plaintiff contends the court erred by failing to instruct that following too closely is a violation of N.C. Gen. Stat. 20-152(a) and is negligence per se. We agree.

The trial court has a “duty ... to explain the law and apply it to the evidence on all substantial features of the case.” Board of Transportation v. Rand, 299 N.C. 476, 483, 263 S.E. 2d 565, 570 (1980); see also G.S. 1A-1, Rule 51(a); Investment Properties v. Norburn, 281 N.C. 191, 197, 188 S.E. 2d 342, 346 (1972). The failure to do so constitutes prejudicial error and entitles the aggrieved party to a new trial.…