Winters ex rel. Gordon v. Burch
Winters ex rel. Gordon v. Burch
Opinion of the Court
By their two assignments of error, plaintiffs contend the court erred in allowing defendant’s motion for directed verdict and in the entry of judgment directing a verdict for the defendant.
When the evidence in this case is considered in the light most favorable to the plaintiffs, it is insufficient, in our opinion, to raise an inference that the injuries to the minor plaintiff were proximately caused by the actionable negligence of the defendant in the operation of her automobile. Brewer v. Green, 254 N.C. 615, 119 S.E. 2d 610 (1961).
The judgment is
Affirmed.
Dissenting Opinion
dissenting.
Plaintiff’s evidence showed that on a sunny dry April afternoon at approximately 4:22, defendant was proceeding in a southerly direction on Pleasant Street in a residential area of the City of Winston-Salem. Pleasant Street is straight for some 176 yards in this area. There were no obstructions to visibility. Defendant’s car had at least one slick tire on it. Defendant saw the minor plaintiff, but she didn’t think he was going to come out in front of her. She did not sound her horn. The minor plaintiff came from her right and defendant struck the minor plaintiff and his Big Wheelie at a point almost in the center of the road. The skid marks from defendant’s car were 54 feet in length. The skid marks were in a swerved direction to her left. The minor plaintiff and his Big Wheelie were found pinned between the right front wheel and fender of defendant’s automobile. Defendant was on her way to work, a distance of over two and one-half miles away, and she was supposed to be there at 4:30.
I am of the opinion that the principles enunciated in Pope v. Patterson, 243 N.C. 425, 90 S.E. 2d 706 (1956), and Sparks v. Willis, 228 N.C. 25, 44 S.E. 2d 343 (1947), when applied to the facts in this case, require the submission of this case to the jury.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.