Manley ex rel. Manley v. Parker

McGEE, Judge.

The determining issue on appeal is whether plaintiff presented sufficient evidence to overcome defendants’ motion for a directed *542verdict. After reviewing the record and transcript, we hold that he did not and affirm the order of the trial court.

The well-settled rule in this state is that a driver who otherwise exercises reasonable care has no duty to foresee the sudden appearance of a child who darts out into a street. Koonce v. May, 59 N.C. App. 633, 635-36, 298 S.E.2d 69, 72 (1982). “[T]he rule is that the driver is not the insurer of the safety of children in the street, and…