Burgess v. Vestal

GREENE, Judge.

Plaintiff appeals the trial judge’s order setting aside the damage portion of a jury verdict.

Plaintiff was driving her automobile when it collided with a tractor-trailer truck driven by defendant Vestal and owned by corporate defendant Food Lion. Plaintiff instituted suit, alleging negligent operation of the truck, and requesting damages in excess of $10,000.00. Defendants admitted negligent operation of the truck, in violation of N.C.G.S. § 20-141(m), for failure to reduce the truck’s speed to the extent necessary to avoid a collision. The parties consented to jury trial on the…