{
  "id": 8522986,
  "name": "JAMES GRAHAM SASSER, by his Guardian ad Litem, LESLIE DELEON SASSER, SR. v. SAM BECK and wife, MRS. SAM BECK, t/a THE PRINCESS MOTEL",
  "name_abbreviation": "Sasser ex rel. Sasser v. Beck",
  "decision_date": "1983-11-15",
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  "provenance": {
    "date_added": "2019-08-29",
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  "casebody": {
    "judges": [
      "Chief Judge VAUGHN and Judge PHILLIPS concur."
    ],
    "parties": [
      "JAMES GRAHAM SASSER, by his Guardian ad Litem, LESLIE DELEON SASSER, SR. v. SAM BECK and wife, MRS. SAM BECK, t/a THE PRINCESS MOTEL"
    ],
    "opinions": [
      {
        "text": "WHICHARD, Judge.\nTo overcome the motion for directed verdict plaintiff was \u201crequired to offer evidence sufficient to establish, beyond mere speculation or conjecture, every essential element of negligence.\u201d Oliver v. Royall, 36 N.C. App. 239, 242, 243 S.E. 2d 436, 439 (1978). The basic elements of negligence are a duty owed by defendants to plaintiff and nonperformance of that duty, proximately causing injury and damage. See Spake v. Pearlman, 222 N.C. 62, 65, 21 S.E. 2d 881, 883 (1942); W. Prosser, Law of Torts \u00a7 30, at 143 (4th ed. 1971).\nThe parties stipulated that plaintiff suffered injuries, but on the evidence presented the jury could only speculate as to their cause. See Justice v. Prescott, 258 N.C. 781, 129 S.E. 2d 479 (1963); Dahn v. Perkins, 228 N.C. 727, 46 S.E. 2d 854 (1948); Adams v. Enka Corp., 202 N.C. 767, 164 S.E. 367 (1932). Plaintiff offered no evidence showing that he sustained his injuries by reason of some defect in the pool, that additional safety precautions would have prevented the injuries, or that their absence proximately caused the accident. See Adams v. Enka Corp., supra. He presented no evidence that additional safety measures were required by statute or ordinance. See Bell v. Page, 2 N.C. App. 132, 162 S.E. 2d 693 (1968). He presented no medical evidence concerning the cause of his injuries.\nThe record indicates that plaintiffs brother accompanied him and apparently remained at the pool through the brief period preceding the discovery of plaintiff at the bottom of the pool. The brother did not testify, however.\nIn sum, \u201c[ejvidence of actionable negligence is lacking.\u201d Justice, supra, 258 N.C. at 782, 129 S.E. 2d at 480. The evidence shows that an unfortunate injury occurred, but leaves to pure speculation the question of the cause. Under these circumstances, pursuant to prior decisions of our appellate courts, a directed verdict for defendants was appropriate. Justice v. Prescott, supra; Hahn v. Perkins, supra; Adams v. Enka Corp., supra, Oliver v. Royall, supra; cf. Corda v. Brook Valley Enterprises, Inc., 63 N.C. App. 653, 306 S.E. 2d 173 (1983) (directed verdict in swimming pool death case reversed where plaintiff presented expert safety evidence, expert medical evidence on causation, and medical reports).\nAffirmed.\nChief Judge VAUGHN and Judge PHILLIPS concur.",
        "type": "majority",
        "author": "WHICHARD, Judge."
      }
    ],
    "attorneys": [
      "Duke and Brown, by John E. Duke, and Dulse and Dulse, by Derbert B. Dulse, for plaintiff appellant.",
      "Derbert L. Dyde and Smith, Anderson, Blount, Dorsett, Mitchell & Jemigan, by Samuel G. Thompson and Robin K. Vinson, for defendant appellees."
    ],
    "corrections": "",
    "head_matter": "JAMES GRAHAM SASSER, by his Guardian ad Litem, LESLIE DELEON SASSER, SR. v. SAM BECK and wife, MRS. SAM BECK, t/a THE PRINCESS MOTEL\nNo. 8230SC1154\n(Filed 15 November 1983)\nNegligence \u00a7 57.9\u2014 injuries at motel swimming pool \u2014 insufficient evidence of negligence of owners\nThe minor plaintiffs evidence was insufficient to show that injuries he received at a motel swimming pool were caused by the negligence of defendant motel owners where plaintiff presented evidence only that he was a guest at the motel; a fence partially enclosed the pool and a sign thereon warned that no lifeguard was on duty and bathers swam at their own risk; plaintiffs grandfather took him and his brother to the pool and returned to the motel room; several minutes later the grandparents discovered plaintiff lying on the bottom of the pool; and motel employees rescued plaintiff but he suffered permanent injuries.\nAppeal by plaintiff from Lamm, Judge. Judgment entered 25 May 1982 in JACKSON County Superior Court. Heard in the Court of Appeals 26 September 1983.\nPlaintiff, age seven, was, together with his grandparents, a guest at defendants\u2019 motel. A fence partially enclosed the motel swimming pool, and a sign thereon warned that no lifeguard was on duty and bathers swam at their own risk.\nPlaintiffs grandfather took him and his eleven-year-old brother to the pool and returned to his motel room. Several minutes later the grandparents discovered plaintiff lying on the bottom of the pool. Motel employees rescued plaintiff, but he suffered serious permanent injury.\nThis Court resolved questions of jurisdiction in Sasser v. Beck, 40 N.C. App. 668, 253 S.E. 2d 577, disc. rev. denied, 298 N.C. 300, 259 S.E. 2d 915 (1979). At a trial limited to the issue of defendants\u2019 negligence, the court entered a directed verdict for defendants at the close of plaintiffs evidence.\nPlaintiff appeals.\nDuke and Brown, by John E. Duke, and Dulse and Dulse, by Derbert B. Dulse, for plaintiff appellant.\nDerbert L. Dyde and Smith, Anderson, Blount, Dorsett, Mitchell & Jemigan, by Samuel G. Thompson and Robin K. Vinson, for defendant appellees."
  },
  "file_name": "0170-01",
  "first_page_order": 202,
  "last_page_order": 204
}
