[Download] "Dixon v. Weaver" by Court of Appeals of North Carolina No. 7810SC752 " eBook PDF Kindle ePub Free

eBook details

Title: Dixon v. Weaver
Author : Court of Appeals of North Carolina No. 7810SC752
Release Date : January 05, 1979
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 52 KB

Description

Plaintiff presents four arguments on appeal: (1) that the trial court erred in refusing to submit the issue of defendant's willful and wanton negligence to the jury; (2) that the trial court erred in failing to instruct the jury that plaintiff had no duty to anticipate the negligence of defendant since the jurors could not understand the issue of contributory negligence unless they understood that plaintiff was not negligent in failing to anticipate that another driver would leave her car on the travel portion of the highway and fail to give any warning to others using the highway; (3) that the trial court erred in failing to instruct the jury that failure to warn other motorists of a stalled vehicle constitutes negligence since this made it impossible for the jury to properly consider whether or not plaintiff's actions constituted contributory negligence under the facts in this case; and (4) that the trial court committed error in allowing defense counsel to ask a question on voir dire which might allow the jury to use comparative negligence or percentage negligence in reaching a verdict in this case. We have carefully considered each of the arguments of the plaintiff and find no error on the record before us for the reasons that follow.