Chaffin v. Brame case brief

Chaffin v. Brame case brief summary
64 S.E.2d 276 (1951)

CASE SYNOPSIS

Plaintiff auto driver filed a property damage action against defendant truck driver as a result of the auto colliding with the truck, which was parked on a highway at night without warning lights or signals. A Lincoln County trial court (North Carolina) entered the jury's verdict that the auto was damaged by the truck driver's negligence and that the auto driver was not contributorily negligent. The truck driver sought review.

CASE FACTS
The truck driver conceded that parking his truck on the traveled portion of the highway at night without displaying lights or warning signals was sufficient to establish actionable negligence on his part. He claimed that the auto driver was guilty of contributory negligence as a matter of law because the auto driver did not control his car in order to be able to stop within the range of the auto driver's lights. On appeal, the truck driver claimed that the trial court erred in refusing to dismiss the action and in allowing the auto driver to amend his complaint after the verdict but before judgment.

DISCUSSION

• The court held that: 
• (1) the auto driver had no reason whatever to anticipate or expect that the truck had been left standing on the traveled portion of the highway ahead of him without lights or warning signals until his car came within 30 feet of it; 
• (2) the auto driver did everything possible to avoid the collision just as soon as the truck became visible; 
• (3) the auto driver was not guilty of contributory negligence as a matter of law; and 
• (4) the auto driver's amendment to his complaint did not change the claim, so the amendment was permissible under N.C. Gen. Stat. § 1-163.

CONCLUSION

The court affirmed the trial court's judgment.

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