Hutton v. Logan

566 S.E.2d 782, 152 N.C. App. 94, 2002 N.C. App. LEXIS 884
CourtCourt of Appeals of North Carolina
DecidedAugust 6, 2002
DocketNo. COA01-351
StatusPublished
Cited by3 cases

This text of 566 S.E.2d 782 (Hutton v. Logan) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hutton v. Logan, 566 S.E.2d 782, 152 N.C. App. 94, 2002 N.C. App. LEXIS 884 (N.C. Ct. App. 2002).

Opinion

McCullough, Judge.

Plaintiff Susan (Erickson) Hutton appeals the trial court’s granting of defendant Melanie Logan’s motion for directed verdict entered 23 August 2000 finding that plaintiff was contributorily negligent as a matter of law.

The suit by plaintiff arose from an automobile accident that occurred on 19 January 1994 in Orange County. The accident occurred on Dairyland Road, which was described by plaintiff at trial as “a country road” through “beautiful rolling countryside.” The accident happened around 5:00 p.m. on a clear but cold day.

Plaintiff was driving east through a curve described as long and sweeping. She came upon a wreck in which a car had gone into the ditch on the other side of the road. Plaintiff testified that “it looked real bad.” Another car had stopped in the westbound lane apparently in an attempt to render assistance to the wrecked vehicle and driver. Plaintiff and the other car were the first to arrive on the scene.

[96]*96Plaintiff slowed as she approached and stopped when her car pulled even with the car in the ditch. It was her intention to inform the driver of the other stopped vehicle that she would drive ahead and call 911. It was obvious to plaintiff that a rescue squad would probably be needed.

Although plaintiff had not noticed anyone behind her, defendant was following plaintiff. There is conflicting evidence as to whether plaintiff checked her rearview mirror, but plaintiff at best testified that she could not swear that she did, but that she usually does while driving. According to plaintiff, she had stopped for only a “flicker” when defendant struck her vehicle from behind. Defendant, traveling at approximately 50 m.p.h. left 29 feet of tire impressions on the road according to the officer on the scene. Plaintiff had not even had a chance to roll down her window before defendant hit her vehicle. Defendant stated to the officer that “she became distracted by [the car in the ditch] . . . [she] then turned her attention back to the roadway and saw [Ms. Erickson’s car] stopped in the roadway and was unable to decrease speed and collided.” The officer made no mention of anything potentially obstructing the view or vision of the path of the road through the curve.

At the point where plaintiff stopped her car, there was no shoulder on the right side of the road. There was shoulder area located before and after the accident site where a car could have parked so as to be completely out of the road. Defendant contends in her brief that there were also some bushes on the right side of the road just ahead of where plaintiff stopped her car that obstructed her view of the accident until she was upon it, although she never so testified at trial.

After the officer on the scene and plaintiff testified, defendant made a motion for a directed verdict on contributory negligence which was granted and entered on 23 August 2000. Plaintiff appeals.

Plaintiff makes the following assignment of error: The trial court’s granting of defendant’s motion for directed verdict pursuant to Rule 50 of the North Carolina Rules of Civil Procedure at the conclusion of plaintiff’s evidence, was error on the ground that plaintiff’s evidence did not establish as a matter of law that plaintiff’s own negligence contributed to the injury and damage suffered by her.

[97]*97I.

Plaintiff first contends that her conduct cannot constitute contributory negligence unless it was found to be reckless, relying on the common law “rescue doctrine” and N.C. Gen. Stat. § 20466(d) (2001). We disagree.

The rescue doctrine requires a tortfeasor to anticipate the possibility “some bystander will yield to the meritorious impulse to save life or even property from destruction, and attempt a rescue.” Thus, where applicable, the doctrine stretches the foreseeability limitation to help bridge the proximate cause gap between defendant’s act and plaintiffs injury. . . .
. . . This doctrine was intended to encourage the rescue of others from peril and immediate danger by insulating the rescuer from contributory negligence claims, and by holding the tortfea-sor liable for any injury to the rescuer on the grounds a rescue attempt is foreseeable. The underlying premise recognizes the need to bring an endangered person to safety.

Westbrook v. Cobb, 105 N.C. App. 64, 69, 411 S.E.2d 651, 654 (1992) (citations omitted). Further,

“[t]he rule is well settled that one who sees a person in imminent and serious peril caused by the negligence of another cannot be charged with contributory negligence, as a matter of law, in risking his own life or serious injury in attempting to effect a rescue, provided the attempt is not recklessly or rashly made.”

Caldwell v. Deese, 288 N.C. 375, 380, 218 S.E.2d 379, 382 (1975) (quoting Alford v. Washington, 238 N.C. 694, 78 S.E.2d 915 (1953)).

Plaintiff contends that she was a rescuer, and thus cannot be found to have been contributorily negligent in her actions involved with the rescue unless her attempt was recklessly made. Plaintiffs reliance on the rescue doctrine in the present case is misplaced. The doctrine allows the rescuer to maintain an action against the tort-feasor who caused the peril that necessitated a rescue attempt. It operates to prevent that tortfeasor from asserting contributory negligence as a defense to the rescuer’s suit unless the rescuer’s actions were indeed reckless. See Britt v. Mangum, 261 N.C. 250, 134 S.E.2d 235 (1964); Partin v. Power and Light Co., 40 N.C. App. 630, 253 [98]*98S.E.2d 605, disc. review denied, 297 N.C. 611, 257 S.E.2d 219 (1979). In the present case it is unclear who the tortfeasor was, but it was certainly not defendant. She in no way necessitated the rescue. The person to be rescued here may have in fact been the tortfeasor, in which case plaintiff would be able to benefit from the doctrine in a suit against her. Had plaintiff filed suit against the person in the ditch, if they were in fact negligent in ending up there, that party would have to show that plaintiff was reckless in stopping her vehicle where she did. Defendant was a third party who had nothing to do with the original peril. The common law rescue doctrine thus has no applicability as to defendant in this case.

Plaintiff also relies on N.C. Gen. Stat. § 20-166(d) (2001). This statute reads:

Any person who renders first aid or emergency assistance at the scene of a motor vehicle accident on any street or highway to any person injured as a result of such accident, shall not be liable in civil damages for any acts or omissions relating to such services rendered, unless such acts or omissions amount to wanton conduct or intentional wrongdoing.

Id. This statute, known as the “Good Samaritan” statute, was passed by the General Assembly in 1965. 1965 N.C. Sess. Laws ch. 176, § 1. However, we have been unable to find any cases from our courts that have dealt with or interpreted this statute. Thus, its interpretation is a matter of first impression.

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Cite This Page — Counsel Stack

Bluebook (online)
566 S.E.2d 782, 152 N.C. App. 94, 2002 N.C. App. LEXIS 884, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hutton-v-logan-ncctapp-2002.