Cooper v. Town of Southern Pines

VAUGHN, Judge.

There are two issues on appeal. (1) Did plaintiff present sufficient evidence to submit the question of the Town’s negligence to the jury? (2) If so, did plaintiffs evidence establish contributory negligence as a matter of law? For the following reasons, we conclude that the court improperly entered a directed verdict in favor of the Town.

To establish a prima facie case of negligence, plaintiff must establish that defendant owed her a duty of care, that defendant breached that duty, and that defendant’s breach was the actual and proximate cause of her injury. Burr v. Everhart,…