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Oakes v. Wooten10/4/2005
Margaret Talley Wooten ("Wooten") and Steven Edward Wooten ("Steven") (collectively "defendants") appeal from a judgment entered 15 September 2003 consistent with a jury verdict finding defendants negligent, and from an order entered 23 January 2004 awarding costs and attorneys' fees. For the reasons stated within, we reverse the trial court's award of attorneys' fees and costs to plaintiffs pursuant to Rule 37 and award of certain costs pursuant to N.C. Gen. Stat. . 6-20, and affirm as to all other issues. The evidence presented tended to show that on 6 November 1999, Ray Allen Oakes ("Oakes") was descending the exit ramp from Interstate 85 ("I-85") to South Main Street in Graham, North Carolina. Oakes entered the intersection on a green light, attempting to turn north. Wooten, traveling south on South Main Street, failed to stop for the red light at the I-85/Main Street intersection and collided with Oakes's vehicle. Wooten stated that she had looked down and did not realize the light was red until shortly before she reached the intersection.
Oakes was injured in the collision and was taken to Alamance Regional Medical Center for treatment. He underwent various treatments for back injuries over the next year, culminating in surgery.
Oakes brought a negligence action against Wooten and her husband, the owner of the car, in January 2002. Oakes's wife, Wendy Oakes ("Wendy") (collectively "plaintiffs"), also joined as a plaintiff in an action for loss of consortium. The jury found defendants negligent and awarded Oakes $119,000.00 in damages, but did not award consortium damages to Wendy. Defendants' motion for a new trial was denied, and plaintiffs were awarded costs and attorneys' fees pursuant to N.C. Gen. Stat. ยงยง 7A-314, 6-20, and 1A-1, Rules 36 and 37(c). Defendants appeal.
I.
Defendants contend the trial court erred in failing to instruct the jury as to Oakes's contributory negligence, and in a related assignment of error, contend the trial court erred in granting a motion for directed verdict as to Oakes's contributory negligence and denying defendants' motion for judgment notwithstanding the verdict on the trial court's prior directed verdict. We disagree.
We first address defendants' contentions as to the trial court's failure to instruct the jury as to contributory negligence. "In determining the sufficiency of the evidence to justify the submission of an issue of contributory negligence to the jury, the court 'must consider the evidence in the light most favorable to the defendant and disregard that which is favorable to the plaintiff.'" Kummer v. Lowry, 165 N.C. App. 261, 263, 598 S.E.2d 223, 225 (2004) (citation omitted). "'"If different inferences may be drawn from the evidence on the issue of contributory negligence, some favorable to the plaintiff and others to the defendant, it is a case for the jury to determine."'" Id. at 263-64, 598 S.E.2d at 225 (citations omitted).
Our Supreme Court has addressed the issue of a driver's duty when approaching a traffic signal.
"The duty of a driver at a street intersection to maintain a lookout and to exercise reasonable care under the circumstances is not relieved by the presence of electrically controlled traffic signals, which are intended to facilitate traffic and to render crossing less dangerous. He cannot go forward blindly even in reliance on traffic signals.["]
Bass v. Lee, 255 N.C. 73, 78-79, 120 S.E.2d 570, 573 (1961) (quoting Hyder v. Battery Co., Inc., 242 N.C. 553, 557, 89 S.E.2d 124, 128 (1955)). "A green or 'go' signal is not a command to go, but a qualified permission to proceed lawfully and carefully in thedirection indicated." Ba
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