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Johnston v. Gallimore8/6/2002
g the verdict unless plaintiff has failed as a matter of law to establish the elements of negligence or unless the evidence establishes plaintiff's contributory negligence so clearly that no other reasonable inference could be drawn." Moon v. Bostian Heights Vol. Fire Dept., 97 N.C. App. 110, 112, 387 S.E.2d 225, 226 (1990) (citations omitted).
In the present case, the evidence, taken in the light most favorable to plaintiff, does not establish that the only reasonable inference that could be drawn from the evidence is that plaintiff was contributorily negligent by failing to keep a proper lookout or failing to keep her vehicle under control. Evidence that plaintiff's vehicle was damaged on the front does not conclusively establish that plaintiff was contributorily negligent, nor does evidence that Mr. Gallimore had activated his turn signal before entering the intersection. On the other hand, plaintiff offered substantial evidence that Mr. Gallimore was negligent in failing to yield the right-of-way when making a left turn, in violation of G.S. ยง 20-155(b). The trial court did not err in denying defendants' motion for judgment notwithstanding the verdict.
No error.
Judges TIMMONS-GOODSON and CAMPBELL concur.
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