contributory negligence will preclude a defendant doctrine (North Carolina) · Go Syfert
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contributory negligence will preclude a defendant doctrine in North Carolina

7 North Carolina opinions name it 2 courts 2000–2020 0 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Allsup v. McVille, Inc.green
ncctapp · 2000 · cited in 5 North Carolina opinions naming this issue, 2001–2020
2 sentences

2020Co., 167 N.C. 232, 232 , 83 S.E. 347, 348 (1914) (stating that the plaintiff was contributorily negligent where, “[w]ith full knowledge of the dangerous conditions, and with his own lantern that had lighted his way to the station sitting by his side, he voluntarily went to the east platform in the darkness, where he knew the conditions were dangerous”); Allsup v. McVille, Inc., 139 N.C. App. 415, 416 , 533 S.E.2d 823, 824 (2000) (“The doctrine of contributory negligence will preclude a defendant’s liability if the visitor actually knew of the unsafe condition or if a hazard should have been ob

2020Co., 167 N.C. 232, 232 , 83 S.E. 347, 348 (1914) (stating that the plaintiff was contributorily negligent where, “[w]ith full knowledge of the dangerous conditions, and with his own lantern that had lighted his way to the station sitting by his side, he voluntarily went to the east platform in the darkness, where he knew the conditions were dangerous”); Allsup v. McVille, Inc., 139 N.C. App. 415, 416 , 533 S.E.2d 823, 824 (2000) (“The doctrine of contributory negligence will preclude a defendant’s liability if the visitor actually knew of the unsafe condition or if a hazard should have been ob

55
Pulley v. Rex Hospitalred
nc · 1990 · cited in 4 North Carolina opinions naming this issue, 2000–2020
2 sentences

2020Ultimately, regardless of whether the issue raised by defendant here is addressed in the context of a defendant’s duty to warn or in the context of a plaintiff’s contributory negligence, “the facts must be viewed in their totality to determine if there are factors which make the existence of a defect[,] . . . in light of the surrounding conditions, a breach of the defendant’s duty and less than ‘obvious’ to the plaintiff.”4 Pulley, 326 N.C. at 706 , 392 S.E.2d at 384 , abrogated by 4 Defendant argues that the Court of Appeals majority erred in applying this Court’s decision -18- Nelson, 349 N.

2020Ultimately, regardless of whether the issue raised by defendant here is addressed in the context of a defendant’s duty to warn or in the context of a plaintiff’s contributory negligence, “the facts must be viewed in their totality to determine if there are factors which make the existence of a defect[,] . . . in light of the surrounding conditions, a breach of the defendant’s duty and less than ‘obvious’ to the plaintiff.”4 Pulley, 326 N.C. at 706 , 392 S.E.2d at 384 , abrogated by 4 Defendant argues that the Court of Appeals majority erred in applying this Court’s decision -18- Nelson, 349 N.

44
Dowless v. Kroger Co.green
ncctapp · 2001 · cited in 2 North Carolina opinions naming this issue, 2020–2020
2 sentences

2020Ultimately, regardless of whether the issue raised by defendant here is addressed in the context of a defendant’s duty to warn or in the context of a plaintiff’s contributory negligence, “the facts must be viewed in their totality to determine if there are factors which make the existence of a defect[,] . . . in light of the surrounding conditions, a breach of the defendant’s duty and less than ‘obvious’ to the plaintiff.”4 Pulley, 326 N.C. at 706 , 392 S.E.2d at 384 , abrogated by 4 Defendant argues that the Court of Appeals majority erred in applying this Court’s decision -18- Nelson, 349 N.

2020Ultimately, regardless of whether the issue raised by defendant here is addressed in the context of a defendant’s duty to warn or in the context of a plaintiff’s contributory negligence, “the facts must be viewed in their totality to determine if there are factors which make the existence of a defect[,] . . . in light of the surrounding conditions, a breach of the defendant’s duty and less than ‘obvious’ to the plaintiff.”4 Pulley, 326 N.C. at 706 , 392 S.E.2d at 384 , abrogated by 4 Defendant argues that the Court of Appeals majority erred in applying this Court’s decision -18- Nelson, 349 N.

22
Dunnevant v. Southern Railway Co.green
nc · 1914 · cited in 2 North Carolina opinions naming this issue, 2020–2020
2 sentences

2020Co., 167 N.C. 232, 232 , 83 S.E. 347, 348 (1914) (stating that the plaintiff was contributorily negligent where, “[w]ith full knowledge of the dangerous conditions, and with his own lantern that had lighted his way to the station sitting by his side, he voluntarily went to the east platform in the darkness, where he knew the conditions were dangerous”); Allsup v. McVille, Inc., 139 N.C. App. 415, 416 , 533 S.E.2d 823, 824 (2000) (“The doctrine of contributory negligence will preclude a defendant’s liability if the visitor actually knew of the unsafe condition or if a hazard should have been ob

2020Co., 167 N.C. 232, 232 , 83 S.E. 347, 348 (1914) (stating that the plaintiff was contributorily negligent where, “[w]ith full knowledge of the dangerous conditions, and with his own lantern that had lighted his way to the station sitting by his side, he voluntarily went to the east platform in the darkness, where he knew the conditions were dangerous”); Allsup v. McVille, Inc., 139 N.C. App. 415, 416 , 533 S.E.2d 823, 824 (2000) (“The doctrine of contributory negligence will preclude a defendant’s liability if the visitor actually knew of the unsafe condition or if a hazard should have been ob

22

Distinguished, questioned or overruled (1)

CaseNegativeCited
Pulley v. Rex Hospitalred
nc · 1990 · cited in 4 North Carolina opinions naming this issue, 2000–2020
2 sentences

2020Ultimately, regardless of whether the issue raised by defendant here is addressed in the context of a defendant’s duty to warn or in the context of a plaintiff’s contributory negligence, “the facts must be viewed in their totality to determine if there are factors which make the existence of a defect[,] . . . in light of the surrounding conditions, a breach of the defendant’s duty and less than ‘obvious’ to the plaintiff.”4 Pulley, 326 N.C. at 706 , 392 S.E.2d at 384 , abrogated by 4 Defendant argues that the Court of Appeals majority erred in applying this Court’s decision -18- Nelson, 349 N.

2020Ultimately, regardless of whether the issue raised by defendant here is addressed in the context of a defendant’s duty to warn or in the context of a plaintiff’s contributory negligence, “the facts must be viewed in their totality to determine if there are factors which make the existence of a defect[,] . . . in light of the surrounding conditions, a breach of the defendant’s duty and less than ‘obvious’ to the plaintiff.”4 Pulley, 326 N.C. at 706 , 392 S.E.2d at 384 , abrogated by 4 Defendant argues that the Court of Appeals majority erred in applying this Court’s decision -18- Nelson, 349 N.

24

Also cited on this issue (3)

CaseCitedYears
Allsup v. McVille, Inc. neutral
nc · 2001
2 sentences

2020Co., 167 N.C. 232, 232 , 83 S.E. 347, 348 (1914) (stating that the plaintiff was contributorily negligent where, “[w]ith full knowledge of the dangerous conditions, and with his own lantern that had lighted his way to the station sitting by his side, he voluntarily went to the east platform in the darkness, where he knew the conditions were dangerous”); Allsup v. McVille, Inc., 139 N.C. App. 415, 416 , 533 S.E.2d 823, 824 (2000) (“The doctrine of contributory negligence will preclude a defendant’s liability if the visitor actually knew of the unsafe condition or if a hazard should have been ob

2020Co., 167 N.C. 232, 232 , 83 S.E. 347, 348 (1914) (stating that the plaintiff was contributorily negligent where, “[w]ith full knowledge of the dangerous conditions, and with his own lantern that had lighted his way to the station sitting by his side, he voluntarily went to the east platform in the darkness, where he knew the conditions were dangerous”); Allsup v. McVille, Inc., 139 N.C. App. 415, 416 , 533 S.E.2d 823, 824 (2000) (“The doctrine of contributory negligence will preclude a defendant’s liability if the visitor actually knew of the unsafe condition or if a hazard should have been ob

42012–2020
Nelson v. Freeland green
nc · 1998
2 sentences

2020Ultimately, regardless of whether the issue raised by defendant here is addressed in the context of a defendant’s duty to warn or in the context of a plaintiff’s contributory negligence, “the facts must be viewed in their totality to determine if there are factors which make the existence of a defect[,] . . . in light of the surrounding conditions, a breach of the defendant’s duty and less than ‘obvious’ to the plaintiff.”4 Pulley, 326 N.C. at 706 , 392 S.E.2d at 384 , abrogated by 4 Defendant argues that the Court of Appeals majority erred in applying this Court’s decision -18- Nelson, 349 N.

2020Ultimately, regardless of whether the issue raised by defendant here is addressed in the context of a defendant’s duty to warn or in the context of a plaintiff’s contributory negligence, “the facts must be viewed in their totality to determine if there are factors which make the existence of a defect[,] . . . in light of the surrounding conditions, a breach of the defendant’s duty and less than ‘obvious’ to the plaintiff.”4 Pulley, 326 N.C. at 706 , 392 S.E.2d at 384 , abrogated by 4 Defendant argues that the Court of Appeals majority erred in applying this Court’s decision -18- Nelson, 349 N.

22020–2020
Whitman v. Kiger neutral
nc · 2001
2 sentences

2012App. 415, 416 , 533 S.E.2d 823, 824 (2000), aff’d, 353 N.C. 359 , 543 S.E.2d 476 (2001) (per curiam).

2012App. 415, 416 , 533 S.E.2d 823, 824 (2000), aff’d, 353 N.C. 359 , 543 S.E.2d 476 (2001) (per curiam).

22012–2012

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1A-1 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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