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Ellis v. Gillis
Citations: 17 N.C. App. 297; 193 S.E.2d 774; 1973 N.C. App. LEXIS 1342Docket: No. 7228SC804
Court: Court of Appeals of North Carolina; January 17, 1973; North Carolina; State Appellate Court
The trial court correctly granted defendant Stines' motion for a directed verdict, as there was insufficient evidence to support the claims in the complaint regarding her alleged role in the accident. Specifically, there was no evidence that Stines was providing driving instructions to her daughter at the time of the incident, nor was there any relationship established that would allow the daughter's negligence to be attributed to Stines. The evidence indicated Stines was merely a passenger in the vehicle. Citing precedent from Cox v. Shaw, it was noted that a parent's negligence cannot be imputed to their child unless the parent had control over the child’s actions in operating the vehicle or owned the vehicle being driven. The plaintiff's suggestion that Stines negligently interfered with the vehicle's operation by attempting to steady the steering wheel does not constitute actionable negligence. The verdict was affirmed, with Judges Hedrick and Vaughn concurring.