Daisy v. YostÂ
250 N.C. App. 530
| N.C. Ct. App. | 2016Background
- Plaintiff William Daisy drove straight through an intersection at the posted 35 mph speed when his light changed from green to yellow; he decided he could not stop safely and entered on yellow.
- Defendant Beulah Yost was in the opposing left-turn lane; when her signal changed to a solid yellow arrow she completed a left turn across Plaintiff’s lane, colliding with Plaintiff’s car and pushing it into a light post.
- Plaintiff sued for personal injury and property damage; damages were stipulated before trial and not submitted to the jury.
- Plaintiff moved for a directed verdict on contributory negligence at trial; the trial court denied the motion and submitted contributory negligence to the jury.
- The jury found Defendant negligent and also found Plaintiff contributorily negligent; the trial court entered judgment for Defendant. Plaintiff moved for JNOV or new trial and appealed after denial.
- The Court of Appeals reviewed whether evidence supported submitting contributory negligence to the jury and reversed, directing entry of judgment for Plaintiff for stipulated damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence to submit contributory negligence to the jury | Daisy argued no evidence (more than a scintilla) supported contributory negligence; directed verdict should have been granted | Yost pointed to a bystander's remark that Plaintiff "seemed like" he was going fast as showing contributory negligence | Reversed: court held there was not more than a scintilla of evidence of contributory negligence and the issue should not have been submitted to the jury |
Key Cases Cited
- Jackson v. McBride, 270 N.C. 367 (defines contributory negligence)
- Clark v. Bodycombe, 289 N.C. 246 (standard for directed verdict on contributory negligence)
- Whisnant v. Herrera, 166 N.C. App. 719 ("more than a scintilla" test for sufficiency of evidence)
- Hicks v. Food Lion, Inc., 94 N.C. App. 85 (nonmovant entitled to all reasonable inferences)
- West Constr. Co. v. Atlantic Coast Line R.R. Co., 184 N.C. 179 (elements required to prove contributory negligence)
- Green v. Rouse, 116 N.C. App. 647 (viewing evidence in light most favorable to nonmovant)
- Jones v. Holt, 268 N.C. 381 (evidence that merely raises conjecture cannot submit contributory negligence)
- Snider v. Dickens, 293 N.C. 356 (rule that driver may assume others will obey traffic laws)
- Penland v. Greene, 289 N.C. 281 (no duty to anticipate others' negligence)
- Clary v. Alexander County Bd. Of Ed., 286 N.C. 525 (defendant bears burden to prove contributory negligence)
- Hawley v. Cash, 155 N.C. App. 580 (timing and standard for moving for directed verdict on contributory negligence)