Watkins v. Hellings

WELLS, Judge.

Plaintiff first contends that the defendant’s answer was insufficient to allege contributory negligence under North Carolina law, and that the court therefore erred in submitting the issue of contributory negligence to the jury. We disagree.

Plaintiff argues that defendant failed to specifically allege in her complaint that plaintiffs decedent “had actual knowledge that the defendant’s mental and physical faculties were appreciably impaired at the time of the driving.” In support of his position, plaintiff cites two cases: Maynor v. Pressley, 256 N.C. 483, 124 S.E. 2d 162 (1962)…