Legal Opinion

Batten v. Duboise

Court of Appeals of North Carolina

Decided October 22, 1969No. 6922SC335PublishedCited by 2 opinions

1Opinion of the CourtBrock, J.

To entitle plaintiff to have his case submitted to the jury he must, among other things, bear the burden of producing evidence from which the jury might draw a reasonable inference that the particular injuries of which he complained were the proximate result of the accident.

Plaintiff testified, concerning how the injury to his right leg was received, in part as follows: “When I started to get into the car nothing at all was wrong with my leg. Not to the best of my knowledge. It hadn’t been cut any way or hurt any way as it was after the accident.” And he further testified: “My leg was never…

2Cited by2 opinions

  1. Tickle v. STANDARD INSULATING COMPANYCourt of Appeals of North Carolina · 1970
  2. Carter v. Colonial Life & Accident Insurance Co.Court of Appeals of North Carolina · 1981

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