Anderson Ex Rel. Anderson v. Butler
202 S.E.2d 585 · Supreme Court of North Carolina · 1974
Facts
A minor plaintiff was an invited guest on the defendants' premises. The male defendant, Cornelius Butler, Jr., owned a forklift and entrusted it to his eleven-year-old son, Donald. A nine-year-old minor plaintiff was present on the premises at the time. The male defendant did not provide any warnings or precautionary instructions to his son or the visiting child regarding the forklift's operation. The female defendant, Phyllis H. Butler, was engaged in household duties inside the dwelling on the day of the incident, completely removed from activities outside.
Procedural history
The case involved an appeal regarding the denial of motions for directed verdicts. The Court of Appeals made a decision regarding both defendants. This court remanded the cause to the Court of Appeals with directions to return it to the Superior Court of Guilford County, Greensboro Division. This court reversed the Court of Appeals' decision regarding Cornelius Butler, Jr., and affirmed it regarding Phyllis H. Butler.
Issue
1. Whether the defendants were entitled to appeal the denial of their motions for directed verdicts when specific grounds were not stated in the trial court. 2. Whether there was sufficient evidence to withstand the defendants' motions for directed verdict regarding their negligence in entrusting a forklift to their minor son.
Holding
1. The court held that the provision in Rule 50(a) requiring specific grounds for a directed verdict motion is mandatory, but courts need not inflexibly enforce it when the grounds are apparent. 2. The court found sufficient evidence to carry the case to the jury as to defendant Cornelius Butler, Jr., but not as to defendant Phyllis H. Butler.
Rule
Rule 50(a) mandates that a motion for a directed verdict must state specific grounds, though this rule may be relaxed if the grounds are apparent to the court and parties. A parent may be liable for independent negligence if they permit an immature child to possess an instrumentality, like a forklift, which becomes dangerous due to the child's immaturity or lack of judgment, causing injury. The test for responsibility is whether an injurious result could have been foreseen by a person of ordinary prudence. A child between seven and fourteen years old may not be held guilty of contributory negligence as a matter of law.
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