The plaintiff brought a wrongful death action against the defendants resulting from a car accident at an intersection in Lexington, North Carolina. The defendants claimed the deceased driver was contributorily negligent. The court refused to grant the defendants' motion for nonsuit on that basis. The complaint was also not defective as it referenced damages in the summons filed within one year of the driver's death.
The Wisconsin Historical Society maintains the Wisconsin History and Architecture Inventory (AHI), consisting of approximately 120,000 properties surveyed by architectural historians or preservation consultants. The inventory has been assembled over a period of more than 25 years from a wide variety of sources. In many cases, the information is dated and properties may be altered or no longer exist. The majority of properties included in this inventory are privately owned and not open to the public. After 25 years of data collection, there are numerous difficulties with inaccurate addresses. Nearly 10,000 properties have errors, which makes it difficult to map out using a geocoder and have to be entered manually and validated with primary and secondary online sources. I will share how Historic Preservationist are using GIS and what online resources I use to validate and find historic sites from the past.
A fictitious legal brief to remit the final judgment of bail forfeiture. Capt. Bryant issued a bond for the release of Rutger Batty who later failed to appear in court. Mr. Batty was in a Texas jail because of a prior illegal gun possession charge. Though Mr. Batty was not incarcerated in a North Carolina jail or a federal prison within the United States, Captain Bryant wants Weft and Wright, P.L.L.C. to try and get the forfeited bail money remitted.
A fictitious letter to retired police officer Captain Bryant who wants to become a licensed bail bondsman in North Carolina and have two of his friends operate as his runners (bounty hunters).
This is a page I made in the video I created for the law firm I was interning at to increase their exposure to the public and inform potential clients about the practice areas and location.
The Wisconsin Historical Society maintains the Wisconsin History and Architecture Inventory (AHI), consisting of approximately 120,000 properties surveyed by architectural historians or preservation consultants. The inventory has been assembled over a period of more than 25 years from a wide variety of sources. In many cases, the information is dated and properties may be altered or no longer exist. The majority of properties included in this inventory are privately owned and not open to the public. After 25 years of data collection, there are numerous difficulties with inaccurate addresses. Nearly 10,000 properties have errors, which makes it difficult to map out using a geocoder and have to be entered manually and validated with primary and secondary online sources. I will share how Historic Preservationist are using GIS and what online resources I use to validate and find historic sites from the past.
A fictitious legal brief to remit the final judgment of bail forfeiture. Capt. Bryant issued a bond for the release of Rutger Batty who later failed to appear in court. Mr. Batty was in a Texas jail because of a prior illegal gun possession charge. Though Mr. Batty was not incarcerated in a North Carolina jail or a federal prison within the United States, Captain Bryant wants Weft and Wright, P.L.L.C. to try and get the forfeited bail money remitted.
A fictitious letter to retired police officer Captain Bryant who wants to become a licensed bail bondsman in North Carolina and have two of his friends operate as his runners (bounty hunters).
This is a page I made in the video I created for the law firm I was interning at to increase their exposure to the public and inform potential clients about the practice areas and location.
Deposition transcript of Mock answer and counterclaim of Ms. Geiger who allegedly rear-ended the plaintiff on I-540 by following too closely but alleges that the collision was the result of the plaintiff's proximate negligence.
Mock answer and counterclaim of Ms. Geiger who allegedly rear-ended the plaintiff on I-540 by following too closely but alleges that the collision was the result of the plaintiff's proximate negligence.
A fictitious memo at Weft and Wright, P.L.L.C. that predicts the outcome of Capt. Bryant’s plan to have the police detain any captured bail jumper so that Capt. Bryant’s runners can assume custody and prevent loss of the bail bond money.
Assignment based on the Michael Hernandez case. Whichever side we argued for in previous homework, now we had to argue for the other side to learn that a law firm the paralegal does not get to pick who should and should not be represented by the law firm.
Business Law Power Point Presentation about ultra vires and derivative action. Daggett Industries wanted to go into a new line of business but would some of the stockholders object?
Final Project Intro To Legal Systems becoming a paralegal in North CarolinaChris Harden
Project for Introduction to Legal Systems covering topics such as: employment opportunities, roles of the paralegal, requirements to become a certified paralegal, the paralegal\'s day-to-day activities.
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
Acetabularia Information For Class 9 .docxvaibhavrinwa19
Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
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Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
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This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
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In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
Deposition transcript of Mock answer and counterclaim of Ms. Geiger who allegedly rear-ended the plaintiff on I-540 by following too closely but alleges that the collision was the result of the plaintiff's proximate negligence.
Mock answer and counterclaim of Ms. Geiger who allegedly rear-ended the plaintiff on I-540 by following too closely but alleges that the collision was the result of the plaintiff's proximate negligence.
A fictitious memo at Weft and Wright, P.L.L.C. that predicts the outcome of Capt. Bryant’s plan to have the police detain any captured bail jumper so that Capt. Bryant’s runners can assume custody and prevent loss of the bail bond money.
Assignment based on the Michael Hernandez case. Whichever side we argued for in previous homework, now we had to argue for the other side to learn that a law firm the paralegal does not get to pick who should and should not be represented by the law firm.
Business Law Power Point Presentation about ultra vires and derivative action. Daggett Industries wanted to go into a new line of business but would some of the stockholders object?
Final Project Intro To Legal Systems becoming a paralegal in North CarolinaChris Harden
Project for Introduction to Legal Systems covering topics such as: employment opportunities, roles of the paralegal, requirements to become a certified paralegal, the paralegal\'s day-to-day activities.
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
Acetabularia Information For Class 9 .docxvaibhavrinwa19
Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
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Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Model Attribute Check Company Auto PropertyCeline George
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A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
11. ISSUE
Whether the Superior Court
erred in refusing to sustain
the Defendant’s motion for a
judgment of nonsuit
because of the Plaintiff’s
intestate’s contributory
negligence?
Was the Plaintiff’s complaint
defective?
12. Powers v. Sternberg, 213 N.C. 41,195 S.E. 88 (1947)
Hill v. Lopez, 228 N.C. 433, 45 S.E.2d 539 (1947)
Coylar v. Atlantic States Motor Lines, 56 S.E. 2d 647
(1949)
13.
14. Citing Powers v. Sternberg, 213 N.C. 41,195 S.E. 88
(1947), the Defendants claim that the Court made an error
in refusing to sustain their motion for judgment as of
nonsuit on the ground that Mr. Nathan J. Bailey, the
deceased driver, was guilty of contributory negligence as a
matter of law.
15.
16.
17.
18.
19. and Dawson v. Seashore Transportation Co., N.C. 36, 51
S.E.2d 921 (1949): in order for the Court to consider such a
motion, the evidence regarding the deceased driver would
have to so clearly establish contributory negligence that no
other reasonable conclusion could be drawn from the
evidence presented.
20.
21.
22.
23.
24. and any such evidence the Defendants relied on to
support their claim of negligence per se or prima facie
negligence barred the Defendants from a motion for a
judgment of nonsuit.
25. Also, the action for damages by the
Plaintiff was mentioned in the
summons which was filed within one
year of Mr. Bailey’s death. The
complaint does not have to allege
damages for Mr. Bailey’s death;
therefore, the complaint is not
defective.
27. References page 1 of 2
1. No image.
2. Clip art
3. Clip Art
4. Welcome to Davidson County - District 22B… [JPG]. Retrieved December 6, 2012 from:
http://www.nccourts.org/county/davidson/
5. Gavel Time... [JPG]. Retrieved December 6, 2012 from: http://www.lewpblog.com/2012/09/08/nfl-now-finding-
laughter/gavel-time/
6. December 1947 Calendar. Holidays in… [PNG]. Retrieved December 9, 2012 from:
http://www.rocketcalendar.com/calendar/1947-12
7. Robbins Street and west 7th avenue… [PNG]. Retrieved December 9, 2012 from:
http://maps.google.com/maps?hl=en&bav=on.2,or.r_gc.r_pw.r_qf.&bpcl=39650382&biw=1280&bih=861&q=robbins+stre
et+and+west+7th+avenue+lexington+north+carolina&um=1&ie=UTF-
8&hq=&hnear=0x885399cd75a5eb5d:0xacbe88a49adbc73b,W+7th+Ave+%26+Robbins+St,+Lexington,+NC+27292&gl=us&
sa=X&ei=d7LEUNa7E4me8QTxoYCgBA&sqi=2&ved=0CCsQ8gEwAA
8. Robbins Street and west 7th avenue… [PNG]. Retrieved December 9, 2012 from:
http://maps.google.com/maps?hl=en&bav=on.2,or.r_gc.r_pw.r_qf.&bpcl=39650382&biw=1280&bih=861&q=robbins+stre
et+and+west+7th+avenue+lexington+north+carolina&um=1&ie=UTF-
8&hq=&hnear=0x885399cd75a5eb5d:0xacbe88a49adbc73b,W+7th+Ave+%26+Robbins+St,+Lexington,+NC+27292&gl=us&
sa=X&ei=d7LEUNa7E4me8QTxoYCgBA&sqi=2&ved=0CCsQ8gEwAA
9. Robbins Street and west 7th avenue… [PNG]. Retrieved December 9, 2012 from:
http://maps.google.com/maps?hl=en&bav=on.2,or.r_gc.r_pw.r_qf.&bpcl=39650382&biw=1280&bih=861&q=robbins+stre
et+and+west+7th+avenue+lexington+north+carolina&um=1&ie=UTF-
8&hq=&hnear=0x885399cd75a5eb5d:0xacbe88a49adbc73b,W+7th+Ave+%26+Robbins+St,+Lexington,+NC+27292&gl=us&
sa=X&ei=d7LEUNa7E4me8QTxoYCgBA&sqi=2&ved=0CCsQ8gEwAA
10. Steel reinforced hinge pillar post… [PNG]. Retrieved December 9, 2012 from:
http://www.allpar.com/history/plymouth/1937.html
11. No image.
12. No image.
13. Gold magnifying glass… [PNG]. Retrieved December 7, 2012 from: http://www.officialpsds.com/Gold-Magnifying-Glass-
PSD55804.html
28. References page 2 of 2
14. No image.
15. Burden of proof… [PNG]. Retrieved December 7, 2012 from:
http://www.flprobatelitigation.com/2012/01/articles/new-probate-cases/creditors-claims/2d-dca-who-has-the-
burden-of-proving-whether-or-not-youre-a-reasonably-ascertainable-creditor-of-the-estate/
16. 20090128_2trial0129_1.jpg… [JPG]. Retrieved December 8, 2012 from:
http://minnesota.publicradio.org/display/web/2009/01/28/election_officials_testimony_to_continue_in_recount_tr
ial/
17. KL_001938_cp.jpg.jpg…[JPG]. Retrieved December 6, 2012 from:
http://dome.mit.edu/handle/1721.3/35533?show=full
18. Old_NC_Supreme_Court… [JPG]. Retrieved December 7, 2012 from:
http://www.lib.unc.edu/blogs/shc/index.php/2008/08/27/new-book-examines-the-life-of-chief-justice-susie-sharp-
1907-1996-biographer-anna-hayes-to-speak-at-wilson-library-9112008/
19. No image.
20. Screen Shot 2012-05-02 at 11.59.40 AM.png…[PNG]. Retrieved December 9, 2012 from:
http://www.foodpoisonjournal.com/foodborne-illness-outbreaks/salmonella-lawsuit-filed-in-north-carolina/
21. No image.
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http://www.amreshkumar.com/2011/05/19/conclusion-less/
23. No image.
24. No image.
25. No image.
26. No image.
Editor's Notes
…and this case is about negligence.
N. L. Bailey, administrator of the estate of Nathan J. Bailey, deceased,
Brought action against Fred R. Michael and others to recover for death of deceased as result of intersectional collision of automobiles.
The Superior Court of Davidson County rendered a judgment for the plaintiff, and the defendants appealed.
Around 9:00 a.m. on December 6, 1947, Nathan J. Bailey was driving with his sister as passenger in Lexington, North Carolina.
Mr. Bailey was travelling in a North Easterly direction on Robbins street. Robert Athay, an employee of the defendant was travelling East on West 7th Avenue.
According to the evidence, the driver of a car approaching Robbins Street from the west, on West 7th Avenue, would have to be within 50 feet of the intersection to see a distance of 30 feet to the south down Robbins Street.
Both parties contend that they were traveling at 15 to 20 miles per hour and that the other vehicle was travelling between 40 to 50 miles per hour. Robert Athay testified that right before he reached the intersection he heard the decedent’s vehicle approaching. He applied the brakes, but Mr. Athay stated that he could not stop the vehicle any sooner than he did and that he approached the intersection at a speed that prevented him from not going into the intersection.
The collision between the two vehicles was powerful enough to break the steel reinforced hinge pillar post on the decedent’s vehicle, and knock the car forward until it turned over and came to a rest on its side 98 feet down Robbins Street.
(1) Whether the Superior Court erred in refusing to sustain the Defendant’s motion for a judgment of nonsuit because of the Plaintiff’s intestate’s contributory negligence? (2) Was the Plaintiff’s complaint defective?
(1) Powers v. Sternberg, 213 N.C. 41,195 S.E. 88 (1947)(2) Hill v. Lopez, 228 N.C. 433, 45 S.E.2d 539 (1947) (3) Coylar v. Atlantic States Motor Lines, 56 S.E. 2d 647 (1949)
Citing Powers v. Sternberg, the Defendants claim that the Court made an error in refusing to sustain their motion for judgment as of nonsuit on the ground that Mr. Nathan J. Bailey, the deceased driver, was guilty of contributory negligence as a matter of law. In other words, the Defendants wanted the Court to render a judgment against the Plaintiff because the Plaintiff had not and could not prove his case in court, indicating that the Defendants could not lose their case.Black’s Law Dictionary 954 (5th ed. 1979). Motion for Dismissal. (2012). Law.com. ALM Publishing. Retrieved November 27, 2012, from: http://dictionary.law.com/Default.aspx?selected=1289. In other words, the Defendants wanted the Court to render a judgment against the Plaintiff because the Plaintiff had not and could not prove his case in court, indicating that the Defendants could not lose the case.
Williams v. Frederickson Motor Express Lines, and Dawson v. Seashore Transportation Co., state that the Defendants have the burden of proof in proving that the decedent was liable for contributory negligence, making the Defendant’s motion for judgment as of nonsuit impossible.
Also, Bundy v. Powell, and Williams v. Frederickson Motor Express Lines, indicate that a plea for judgment as of nonsuit on the ground of contributory negligence by the deceased driver cannot be granted if proof of the contributory negligence relies on all of or part of the testimony of the defense.
The testimony that the Defendants gave relied on the fact that Mr. Bailey failed to bring his car to a complete stop before entering the intersection, violating N.C.G.S. § 20-158 (2007), and this violation is negligence per se which granted the Defendants a motion for judgment as of nonsuit.
Nevertheless, though the Court agreed that the deceased driver failed to bring his vehicle to a complete stop before entering the intersection, Hill v. Lopez, held that such failure is not negligence per se or prima facie negligence but only evidence of such negligence which must be considered along with the rest of the evidence and circumstances,
and Dawson v. Seashore Transportation Co., N.C. 36, 51 S.E.2d 921 (1949) stated that in order for the Court to consider such a motion, the evidence regarding the deceased driver would have to so clearly establish contributory negligence that no other reasonable conclusion could be drawn from the evidence presented.
The Defendants also alleged orally that the Plaintiff failed to institute a complaint of the deceased driver’s death within one year of the driver’s death.
Though the complaint regarding Mr. Bailey’s death was not instituted within one year, Coylar v. Atlantic States Motor Lines, 56 S.E. 2d 647 (1949) held that the right to maintain an action for damages for wrongful death was created by statute and codified in N.C.G.S. § 28-173 (now repealed) and bringing an action of wrongful death is ordinarily accomplished via the summons and not the complaint, and it is not necessary to allege damages for the wrongful death in the complaint or in a complaint filed within one year of Mr. Bailey’s death.
The Superior Court was not in error for refusing to sustain the Defendant’s motion for a judgment of nonsuit due to Mr. Bailey’s alleged contributory negligence because the evidence the Defendants presented could not clearly establish Mr. Bailey’s contributory negligence,
and any such evidence the Defendants relied on to support their claim of negligence per se or prima facie negligence barred the Defendants from a motion for a judgment of nonsuit.
Also, the action for damages by the Plaintiff was mentioned in the summons which was filed within one year of Mr. Bailey’s death. The complaint does not have to allege damages for Mr. Bailey’s death; therefore, the complaint is not defective.