Gloria Jean Streeter v. Augusta Cotton

Automobile Accident - Negligence - On 20 June 1995 plaintiff stopped her vehicle in the left lane of Fayetteville Street in order to negotiate a left turn during heavy traffic. After plaintiff had been waiting at least two minutes, her automobile was struck from behind by defendant's vehicle. Plaintiff did not seek medical treatment immediately after the accident, but was treated later for injuries to her neck and back. Plaintiff missed three days of work and incurred approximately $1,300.00 in property damage to her vehicle.

Defendant testified he was traveling in the left lane of Fayetteville Street behind several other automobiles. These automobiles suddenly swerved into the right lane, whereupon defendant was confronted with plaintiff's vehicle stopped at the intersection, and defendant "slid onto her car and touched it."

Plaintiff filed suit alleging the collision between her automobile and defendant's automobile was a direct and proximate result of the negligent acts and omissions of the defendant. Plaintiff sought, inter alia, to "have and recover of the defendant, damages in an amount not in excess of $10,000." Defendant counterclaimed alleging contributory negligence on the part of the plaintiff.

Directed verdict in favor of plaintiff on contributory negligence. Jury verdict in favor of defendant on issue of negligence.

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On 20 December 1996, plaintiff moved for JNOV, and for new trial. The court allowed both motions. Verdicts vacated and remanded with instructions by the Court of Appeals of North Carolina. See: 514 S.E.2d 539 (N.C.App. 1999). Note: The above date reflects the appellate court decision date, not the original trial date. Reported by dss.