HURLEY v. MILLER

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Docket Number

No. 136A94 — Cabarrus

Attorney(S)

Wallace and Whitley, by Michael Doran, for plaintiff-appellee. Wishart, Norris, Henninger Pittman, PA, by Kenneth R. Raynor, for defendant-appellants.

Judges

PER CURIAM.

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ROBERT L. HURLEY, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF BARBARA POOLE HURLEY, DECEASED v. KEVIN WAYNE MILLER, AND HARVEY LEE SMITH, JR., AND WIFE, KELLY BOGER SMITH, D/B/A HLS TRUCKING, AND HLS TRUCKING, INC.

Automobiles and Other Vehicles § 577 (NCI4th) — last clear chance — insufficient evidence The decision of the Court of Appeals remanding for a new trial on the ground that the trial court erred by failing to submit an issue of last clear chance to the jury is reversed for the reasons stated in the dissenting opinion in the Court of Appeals.

Am Jur 2d, Automobiles and Highway Traffic §§ 438-441.

PER CURIAM.

For the reasons stated in the dissenting opinion of Judge Cozort, the decision of the Court of Appeals is reversed. The case is remanded to the Court of Appeals for further remand to the Superior Court, Cabarrus County for reinstatement of the trial court's judgment.

REVERSED AND REMANDED.

Justice Orr did not participate in the consideration or decision of this case.

ROBERT L. HURLEY, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF BARBARA POOLE HURLEY, DECEASED v. KEVIN WAYNE MILLER, AND HARVEY LEE SMITH, JR., AND WIFE, KELLY BOGER SMITH, D/B/A HLS TRUCKING, AND HLS TRUCKING, INC.

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