Court of Appeals of North Carolina November 21, 1995, COA 94-1404 (Colvin v. Badgett)

Judge Greene

dissenting.

Because I believe that the trial court properly instructed the jury on the doctrine of sudden emergency, I do not agree that the plaintiffs are entitled to a new trial.

The evidence, viewed in the light most favorable to defendant, see Bolick v. Sunbird Airlines, Inc., 96 N.C. App. 443, 448, 386 S.E.