contributory negligence doctrine in North Carolina

2002As this Court has previously noted: The common law doctrine of contributory negligence has been the law in this State since Morrison v. Cornelius, 63 N.C. 346 (1869) ....

1994The doctrine of contributory negligence, which is a creature of common law followed in this State since Morrison v. Cornelius, 63 N.C. 346 (1869), remains the law of this State until our Supreme Court overrules Morrison.

1937R. , 120 N.C. 544 ), but having drawn the line between the two doctrines in Thomas v. R.

1937R., 120 N. C., 544 ), but having drawn the line between the two doctrines in Thomas v. R.

2016"The doctrine contemplates that if liability is to be imposed the defendant must have a last 'clear' chance, not a last 'possible' chance to avoid injury." Grant v. Greene, 11 N.C.App. 537 , 541, 181 S.E.2d 770 , 772 (1971). "[I]t must have been such a chance as would have enabled a reasonably prudent man in like position to have acted effectively." Battle v. Chavis, 266 N.C. 778 , 781, 147 S.E.2d 387 , 390 (1966).

2016"The doctrine contemplates that if liability is to be imposed the defendant must have a last 'clear' chance, not a last 'possible' chance to avoid injury." Grant v. Greene, 11 N.C.App. 537 , 541, 181 S.E.2d 770 , 772 (1971). "[I]t must have been such a chance as would have enabled a reasonably prudent man in like position to have acted effectively." Battle v. Chavis, 266 N.C. 778 , 781, 147 S.E.2d 387 , 390 (1966).

2016"The doctrine contemplates that if liability is to be imposed the defendant must have a last 'clear' chance, not a last 'possible' chance to avoid injury." Grant v. Greene, 11 N.C.App. 537 , 541, 181 S.E.2d 770 , 772 (1971). "[I]t must have been such a chance as would have enabled a reasonably prudent man in like position to have acted effectively." Battle v. Chavis, 266 N.C. 778 , 781, 147 S.E.2d 387 , 390 (1966).

2016"The doctrine contemplates that if liability is to be imposed the defendant must have a last 'clear' chance, not a last 'possible' chance to avoid injury." Grant v. Greene, 11 N.C.App. 537 , 541, 181 S.E.2d 770 , 772 (1971). "[I]t must have been such a chance as would have enabled a reasonably prudent man in like position to have acted effectively." Battle v. Chavis, 266 N.C. 778 , 781, 147 S.E.2d 387 , 390 (1966).

2014Id. (citations and quotation marks omitted) (quoting Norwood, 303 N.C. at 468 , 279 S.E.2d at 563 and Thomas v. Dixson, 88 N.C.

2014Id. (citations and quotation marks omitted) (quoting Norwood, 303 N.C. at 468 , 279 S.E.2d at 563 and Thomas v. Dixson, 88 N.C.

2013App. 89 , 272 S.E.2d 883 (1980), disc. review denied, 302 N.C. 396 , 279 S.E.2d 350 (1981).

2013App. 89 , 272 S.E.2d 883 (1980), disc. review denied, 302 N.C. 396 , 279 S.E.2d 350 (1981).

2013In seeking to persuade us that his claim was not barred by the doctrine of contributory negligence, Plaintiff relies on this Court’s holding in Cook v. Export Leaf Tobacco Co., 50 N.C.

2013App. 89 , 272 S.E.2d 883 (1980), disc. review denied, 302 N.C. 396 , 279 S.E.2d 350 (1981).

2010It would be fundamentally unfair to require plaintiff to proceed to trial totally unprepared for what position defendant is going to take with regard to the contributory negligence defense. 3 In In re Edmond, 934 F.2d 1304 , 1306 (4th Cir. 1991), the defendant in a civil case had asserted his Fifth Amendment rights.

2010Sawyer v. Food Lion, Inc., 144 N.C.

2010Although the Court concluded that the contributory negligence defense did “not appear to be affected by Defendant’s invocation of his Fifth Amendment rights,” id. at 173 n.2, 631 S.E.2d at 47 n.2, the Court determined that the “ [defendant's state of mind, including whether he was under the influence of prescription drugs, at the time of the accident must be evaluated to determine whether Defendant had the ability to act as an ordinarily prudent person would have acted at the time of the accident.” Id. at 173 , 631 S.E.2d at 47 .

2010Although the Court concluded that the contributory negligence defense did “not appear to be affected by Defendant’s invocation of his Fifth Amendment rights,” id. at 173 n.2, 631 S.E.2d at 47 n.2, the Court determined that the “ [defendant's state of mind, including whether he was under the influence of prescription drugs, at the time of the accident must be evaluated to determine whether Defendant had the ability to act as an ordinarily prudent person would have acted at the time of the accident.” Id. at 173 , 631 S.E.2d at 47 .

2000Id.

2000Id.

1999App. 667, 669 , 486 S.E.2d 472, 473 , disc. review denied, 347 N.C. 396 , 494 S.E.2d 408 (1997), rev’d on other grounds, 348 N.C. 67 , 497 S.E.2d 283 (1998).

1999App. 667, 669 , 486 S.E.2d 472, 473 , disc. review denied, 347 N.C. 396 , 494 S.E.2d 408 (1997), rev’d on other grounds, 348 N.C. 67 , 497 S.E.2d 283 (1998).

1999According to plaintiffs, in a wrongful death case, “gross negligence” describes a lower level of tortious conduct than “wilful or wanton conduct.” In a recent case involving a contributory negligence claim, this Court held that “gross negligence . . . cannot be read to describe conduct less negligent than that suggested by the phrase ‘wilful or wanton conduct.’ ” Cissell v. Glover Landscape Supply, Inc., 126 N.C.

1999App. 667, 669 , 486 S.E.2d 472, 473 , disc. review denied, 347 N.C. 396 , 494 S.E.2d 408 (1997), rev’d on other grounds, 348 N.C. 67 , 497 S.E.2d 283 (1998).

1999App. 667, 669 , 486 S.E.2d 472, 473 , disc. review denied, 347 N.C. 396 , 494 S.E.2d 408 (1997), rev’d on other grounds, 348 N.C. 67 , 497 S.E.2d 283 (1998).

1999App. 667, 669 , 486 S.E.2d 472, 473 , disc. review denied, 347 N.C. 396 , 494 S.E.2d 408 (1997), rev’d on other grounds, 348 N.C. 67 , 497 S.E.2d 283 (1998).

1997At common law, “[a] plaintiff is contributorily negligent when he fails to exercise such care as an ordinarily prudent person would exercise under the circumstances in order to avoid injury.” Newton v. New Hanover County Bd. of Educ., 342 N.C. 554, 564 , 467 S.E.2d *773 58, 65 (1996) (emphasis added).

1996Izard v. Hickory City Schools Board of Education, 68 N.C.

1995The discovery rules should be liberally construed in order to accomplish the important goal of “facilitating] the disclosure prior to trial of any unprivileged information that is relevant and material to the lawsuit so as to permit the narrowing and sharpening of the basic issues and facts that will require trial.” Telegraph Co. v. Griffin, 39 N.C.

1994App. 470 , 442 S.E.2d 82 (1994), Judge Wynn undertook an analysis of our State’s doctrine of contributory negligence: Contributory negligence is “negligence on the part of the plaintiff which joins, simultaneously or successively, with the negligence of the defendant... to produce the injury of which the plaintiff complains.” Jackson v. McBride, 270 N.C. 367, 372 , 154 S.E.2d 468, 471 (1967).

1994In Clark v. Roberts, 263 N.C. 336 , 139 S.E.2d 593 (1965), our Supreme Court explained the doctrine of contributory negligence: Every person having the capacity to exercise ordinary care for his own safety against injury is required by law to *473 do so, and if he fails to exercise such care, and such failure, concurring and cooperating with the actionable negligence of defendant contributes to the injury complained of, he is guilty of contributory negligence.

1994In Clark v. Roberts, 263 N.C. 336 , 139 S.E.2d 593 (1965), our Supreme Court explained the doctrine of contributory negligence: Every person having the capacity to exercise ordinary care for his own safety against injury is required by law to *473 do so, and if he fails to exercise such care, and such failure, concurring and cooperating with the actionable negligence of defendant contributes to the injury complained of, he is guilty of contributory negligence.

1994The former was first adopted by the North Carolina Supreme Court in Morrison v. Cornelius, 63 N.C. 346 (1869), and the latter appears to have been first adopted in Gunter v. Wicker, 85 N.C. 310 (1881).

1994The defendant bears the burden of proving that certain acts or conduct of the plaintiff constituted contributory negligence. [Atkins;] Mims v. Dixon, 272 N.C. 256 , 158 S.E.2d 91 (1967).

1994The defendant bears the burden of proving that certain acts or conduct of the plaintiff constituted contributory negligence. [Atkins;] Mims v. Dixon, 272 N.C. 256 , 158 S.E.2d 91 (1967).