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 plaintiffs contributory negligence and the Town of Mooresville’s concurring negligence.

*149 The Court of Appeals determined that the trial court properly declined to submit the issue of plaintiffs 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.