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Pinkston v. Connor

Supreme Court of North Carolina
Jan 1, 1984
310 S.E.2d 347 (N.C. 1984)

Opinion

No. 491A83

Filed 10 January 1984

DEFENDANT appeals pursuant to N.C. Gen. Stat. 7A-30 from the decision of the Court of Appeals (Judges Hill and Becton concurring, Judge Webb dissenting), reported in 63 N.C. App. 628, 306 S.E.2d 132 (1983), which affirmed the judgment entered by Mills, Judge, at the 7 December 1981 Session of Superior Court, IREDELL County.

Kluttz, Hamlin, Reamer, Blankenship and Kluttz by Richard R. Reamer, for defendant-appellant.

Pope and Brawley by William R. Pope, for defendant-appellee, Wardlow, Knox, Knox, Freeman Scofield by Charles E. Knox and John S. Freeman, for plaintiff-appellee.


Plaintiff, a city maintenance worker, sought damages for personal injuries resulting from defendant's negligent operation of his motor vehicle. The trial court refused to submit to the jury the issues of plaintiff's contributory negligence and the Town of Mooresville's concurring negligence.

The Court of Appeals determined that the trial court properly declined to submit the issue of plaintiff's contributory negligence since defendant failed to present sufficient evidence to support even an inference of that defense. Accordingly, the only basis upon which the Town could be held liable was through the acts or omissions of the plaintiff; thus, the decision favoring the plaintiff precludes any action against the Town.

The opinion of the Court of Appeals affirming the judgment for the plaintiff is affirmed.

Affirmed.


Summaries of

Pinkston v. Connor

Supreme Court of North Carolina
Jan 1, 1984
310 S.E.2d 347 (N.C. 1984)
Case details for

Pinkston v. Connor

Case Details

Full title:JOHNNY E. PINKSTON v. JAMES EDWARD CONNOR

Court:Supreme Court of North Carolina

Date published: Jan 1, 1984

Citations

310 S.E.2d 347 (N.C. 1984)
310 S.E.2d 347

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