Opinion

Murrow v. Daniels

  • 85 N.C. App. 401
  • 355 S.E.2d 204
  • 1987 N.C. App. LEXIS 2618
Court
Court of Appeals of North Carolina
Filed
May 5, 1987
Status
Published
Author
Becton
On the bench
Phillips, Cozort, Becton
Cited by
8 cases

Reversed on other grounds by Murrow v. Daniels, 321 N.C. 494 (1988)

expert’s opinion that defendant’s lack of security was “gross negligence” an improper legal conclusion

How later courts described this case

  • expert’s opinion that defendant’s lack of security was “gross negligence” an improper legal conclusion
  • expert’s opinion that defendant’s lack of security was “gross negligence” was improper legal conclusion

Written by the judges who cited it.

The opinion

Judge BECTON

dissenting.

In my view, the record does not contain even a scintilla of evidence supporting a finding that plaintiff was contributorily negligent by her failure to look out the bathroom window. To suggest that a sixty-two-year-old woman must go to a bathroom, stand on a bathtub, crank open a window and stick her head out to see who was knocking to overcome a contributory negligence defense is anomalous in view of the jury’s conclusion that plaintiffs act of opening the door and her failure to call the desk clerk was not contributory negligence. I vote to affirm.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.