Defended a motor vehicle negligence case in Wake County District Court

STEPHANIE GASTON POLEY (Raleigh) successfully defended a motor vehicle negligence case in Wake County District Court. At trial, Plaintiff alleged he made a U-turn on a green arrow, and that his vehicle was struck from the rear by the Defendant’s vehicle after he completed his turn. Defendant contended she was traveling straight through the intersection on a steady green light and that she did not see Plaintiff’s vehicle until immediately prior to the accident. Defendant testified that a vehicle in the lane to her left partially obstructed her view of traffic. There was testimony from the investigating police officer that the left turn signal for Plaintiff’s lane of travel sometimes emits a steady green light and sometimes emits a green lead. After submission of the issues to the jury, the jury returned a defense verdict, finding no negligence on the part of the Defendant. Plaintiff moved for a new trial on the grounds that there was no competent evidence to support the verdict and that the verdict was contrary to the greater weight of the evidence. The trial court denied Plaintiff’s Motion for a new trial, and Plaintiff appealed to the North Carolina Court of Appeals. Following briefing of the issues and a hearing without oral argument, the Court of Appeals affirmed the trial court’s denial of Plaintiff’s Motion for a new trial.