Court of Appeals of North Carolina August 15, 2000, COA99-96 (Nealy v. Green)

JOHN, Judge.

Plaintiff appeals judgment entered upon a jury verdict finding defendant negligent and plaintiff contributorily negligent. Plaintiff argues the trial court erred in not submitting the issue of last clear chance to the jury. We agree and award plaintiff a new trial.

Pertinent facts and procedural history include the following: At approximately 12:45 a.m.