258 N.C. App. 234
N.C. Ct. App.2018Background
- On Jan. 11–12, 2014, severe weather caused a Time Warner Cable utility line to fall and lie across a public roadway; the company was notified the same day but the line remained on the road the next morning.
- Donnie Goins struck the wire while cycling and suffered severe injuries; later the same morning Jackie Knapp collided in a multi-bike wreck after the rider in front of her hit the same wire.
- Plaintiffs sued Time Warner Cable (Defendant) for negligence; a jury found Defendant negligent and found neither plaintiff contributorily negligent.
- Trial court entered judgment on the verdict and denied Defendant’s JNOV motion; Defendant appealed the verdict and the denial of JNOV.
- On appeal, Defendant argued (1) Knapp was contributorily negligent as a matter of law for following too closely, and (2) the trial court erred in giving a jury instruction on the sudden emergency doctrine because no evidence supported it.
- The Court of Appeals affirmed that Knapp’s contributory negligence was a jury question but held the sudden emergency instruction was unsupported and prejudicial, vacating the judgment and remanding for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Knapp was contributorily negligent as a matter of law for following too closely | Knapp argued factual dispute existed about distance and causal connection to injury | Time Warner argued Knapp’s rear-end involvement showed negligence per se under N.C. Gen. Stat. § 20-152 and JNOV should be granted | Court: Issue for the jury; directed verdict/JNOV not appropriate because reasonable inferences supported Knapp, including causation questions |
| Whether sudden emergency instruction was supported by evidence | Plaintiffs argued the emergency (wire in roadway) was created by Defendant’s negligence, so sudden emergency instruction was proper | Time Warner argued no evidence showed an outside, unforeseen emergency or that plaintiffs’ negligent lookout caused a sudden emergency; instruction was unsupported and prejudicial | Court: Instruction improper and prejudicial because no evidence an outside agency caused plaintiffs’ failure to look or react; vacated judgment and remanded for new trial |
Key Cases Cited
- Clark v. Bodycombe, 289 N.C. 246 (standard for directed verdict/JNOV when contributory negligence asserted)
- Beanblossom v. Thomas, 266 N.C. 181 (rear-end collision is evidence for jury on following-too-closely issue)
- Rodgers v. Carter, 266 N.C. 564 (holding sudden emergency instruction prejudicial when unsupported by evidence)
- Hairston v. Alexander Tank, 310 N.C. 227 (sudden emergency not available when motorist’s own negligence contributed to emergency)
- Pinckney v. Baker, 130 N.C. App. 670 (actor must have perceived emergency and reacted for doctrine to apply)