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Green v. Rouse10/18/1994
-REF-->348 S.E.2d 813 (1986)).
Bosley at 472, 442 S.E.2d at 83.
The issue of plaintiff's contributory negligence should have been submitted to the jury if all the evidence and reasonable inferences drawn therefrom viewed in the light most favorable to defendant tended to establish or suggest contributory negligence. We find that defendant has met this burden by producing evidence that not only was plaintiff driving while impaired at a blood alcohol level registered to be 0.18% shortly after the collision, but that plaintiff may have had a blood alcohol level as high as 0.20% at the time of the collision. The jury could properly consider such evidence while ascertaining whether plaintiff's condition caused her to "operate vehicle in a manner which was a proximate cause of the collision" and whether plaintiff was capable of "coping with highway and weather conditions in the manner of the reasonably prudent person." We find there was "more than a scintilla of evidence" on the issue of contributory negligence and that the issue was properly submitted to the jury.
No error.
Judges MARTIN and THOMPSON concur.
Disposition
No error.
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