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Cissell v. Glover Landscape Supply, Inc.

Supreme Court of North Carolina
Apr 1, 1998
348 N.C. 67 (N.C. 1998)

Summary

adopting dissenting opinion of John, J., Cissell, 126 N.C. App. at 671-72, 486 S.E.2d at 474-75

Summary of this case from Yancey v. Lea

Opinion

No. 356A97

Filed 3 April 1998

Automobiles and Other Vehicles § 563 (NCI4th) — parking truck on highway — instruction on gross negligence not required The trial court in an action arising from the collision of an automobile with a parked truck and trailer did not err by refusing to instruct the jury on willful or wanton conduct (gross negligence) by the truck driver in parking his eight-foot wide truck and trailer on a sunny morning on the right-hand side of a thirty-six-foot wide straight and level rural paved road for the purpose of unloading equipment.

Appeal by defendants pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 126 N.C. App. 667, 486 S.E.2d 472 (1997), setting aside a judgment entered on 7 May 1996 by Stephens (Donald W.), J., in Superior Court, Vance County, and awarding a new trial. Heard in the Supreme Court 10 March 1998.

Perry, Kittrell, Blackburn Blackburn, by Charles F. Blackburn, for plaintiff-appellee.

Broughton, Wilkins, Webb Sugg, P.A., by Charles P. Wilkins, for defendant-appellants.


For the reasons stated in the dissenting opinion for the Court of Appeals by John, J., the decision of the Court of Appeals is reversed. The case is remanded to that court for further remand to the Superior Court, Vance County, for reinstatement of the judgment entered on the jury verdict in favor of defendants.

REVERSED AND REMANDED.


Summaries of

Cissell v. Glover Landscape Supply, Inc.

Supreme Court of North Carolina
Apr 1, 1998
348 N.C. 67 (N.C. 1998)

adopting dissenting opinion of John, J., Cissell, 126 N.C. App. at 671-72, 486 S.E.2d at 474-75

Summary of this case from Yancey v. Lea

stating that, “because that case is inconsistent with prior decisions of this Court and our Supreme Court, we decline to follow it.”

Summary of this case from State v. Wilkerson

In Cissell v. Glover Landscape Supply, Inc., 348 N.C. 67, 497 S.E.2d 283 (1998), our Supreme Court agreed with Judge John's dissent in Cissell v. Glover Landscape Supply, Inc., 126 N.C. App. 667, 486 S.E.2d 472 (1997), that willful and wanton conduct is not constituted by a driver who did not warn oncoming traffic, on a sunny morning, that he left his eight-foot wide truck and trailer on the right-hand paved portion of a thirty-six foot wide, straight and level highway, which had no obstructions to hinder approaching motorists' view.

Summary of this case from Yancey v. Lea
Case details for

Cissell v. Glover Landscape Supply, Inc.

Case Details

Full title:JAMES KEVIN CISSELL, Administrator of the Estate of CARLA T. CISSELL v…

Court:Supreme Court of North Carolina

Date published: Apr 1, 1998

Citations

348 N.C. 67 (N.C. 1998)
497 S.E.2d 283

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