{
  "id": 8623498,
  "name": "VIRGINIA SIMMS LLOYD (and MOTORS INSURANCE CORPORATION) v. PHILLIP GREENBERG",
  "name_abbreviation": "Lloyd v. Greenberg",
  "decision_date": "1959-05-20",
  "docket_number": "",
  "first_page": "374",
  "last_page": "375",
  "citations": [
    {
      "type": "official",
      "cite": "250 N.C. 374"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "103 S.E. 2d 357",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "248 N.C. 249",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8621954
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/248/0249-01"
      ]
    }
  ],
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  "last_updated": "2023-07-14T15:44:40.326881+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "VIRGINIA SIMMS LLOYD (and MOTORS INSURANCE CORPORATION) v. PHILLIP GREENBERG."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nThe conclusion reached is that the evidence, when considered in the light most favorable to plaintiff, presented a case for jury determination on the issues \u2018submitted. Moreover, consideration of the assignments of error brought forward and discussed in appellant\u2019s brief fails to disclose any error of law deemed of sufficient prejudicial effect to warrant a new trial. As to the reduction of the verdict on the third issue, with plaintiff\u2019s consent, see Caudle v. Swanson, 248 N.C. 249, 103 S.E. 2d 357, and cases cited.\nNo Error.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "James R. Farlow and Victor S. Bryant, Jr., for plaintiffs, appellees.",
      "Daniel K. Ediuards and Robinson 0. Everett for defendant, appellant."
    ],
    "corrections": "",
    "head_matter": "VIRGINIA SIMMS LLOYD (and MOTORS INSURANCE CORPORATION) v. PHILLIP GREENBERG.\n(Filed 20 May, 1959.)\n.Appeal hy defendant from McKinnon, J., October Term, 1958, of Dueham.\nCivil action instituted by Virginia Simms Lloyd, referred to herein as plaintiff, growing out of a collision that occurred November 2, 1954, on N. C. Highway 49 near its intersection with N. C. Highway 73, approximately nine miles south of Concord, N. C., between a Cadillac oar, operated by defendant, and a Pontiac car, owned and operated by plaintiff, resulting in personal injury to plaintiff and damage to her car.\nThe cars were proceeding on Highway 49, in the same direction, southeast towards Charlotte, N. C. The Cadillac struck the rear of the Pontiac.\nPrior to trial, Motors Insurance Corporation, plaintiff\u2019s collision insurance carrier, was made a party because of its interest in plaintiff\u2019s -claim for damages to her oar.\nThe court overruled defendant\u2019s motions for judgment of nonsuit. Issues raised .by the pleadings were submitted to the jury. The jury answered the (first) negligence issue, \u201cYes,\u201d and answered the (second) contributory negligence issue, \u201cNo.\u201d Answering separate issues, the jury awarded (third issue) $10,000.00 on account of plaintiff\u2019s personal injuries and awarded (fourth issue) $478.00 on account of the damage to her car.\nIt appears that plaintiff \u201cstipulated and agreed in open court at the time of the hearing (of defendant\u2019s motion to set aside the verdict) to a reduction in the damages under the third issue to the sum of $8,000.00.\u201d\nThe court entered judgment (1) that plaintiff have and recover of defendant the sum of $8,000.00 damages for personal injuries, and (2) that plaintiff have and recover of defendant $478.00 as damages to her car, with provisions defining the respective interests of plaintiff and Motors Insurance Corporation in said $478.00, and (3) that defendant pay the costs.\nDefendant excepted and appealed, assigning errors.\nJames R. Farlow and Victor S. Bryant, Jr., for plaintiffs, appellees.\nDaniel K. Ediuards and Robinson 0. Everett for defendant, appellant."
  },
  "file_name": "0374-01",
  "first_page_order": 414,
  "last_page_order": 415
}
