Opinion
No. 540A85
Filed 7 January 1986
PLAINTIFF appeals as a matter of right, pursuant to G.S. 7A-30(2), from a decision of a divided panel of the Court of Appeals, 76 N.C. App. 246, 332 S.E.2d 720 (1985), ordering a new trial for failure of the trial court to submit to the jury the question of contributory negligence. Heard in the Supreme Court 19 December 1985.
Epting Hackney, by Joe Hackney, for plaintiff-appellant.
Bryant, Drew Patterson, P.A., by Lee A. Patterson, II, for defendant-appellee.
The decision of the Court of Appeals is
Affirmed.