Appellate Clinic Lands Another Victory

June 4, 2008

On June 3, the North Carolina Court of Appeals ruled in favor of Carol Corbett, a client of the Appellate Advocacy Clinic, in the case of Corbett v. Gray.  Recent graduates Jennifer Avriett and Patricia Mongan handled the appeal, with Jennifer making the oral argument and both sharing the research and drafting responsibilities. 

The case involved an automobile accident in a Wake County intersection, in which Ms. Cherry Gray drove into the side of Mr. Corbett’s vehicle.  Ms. Gray admitted that she drove into the intersection while blinded by the sun and did not see her stoplight turn from green to red.  Ms. Corbett entered the intersection when her light turned green and did not see Ms. Gray’s vehicle, which was approaching from her left, before the collision.  Ms. Corbett sustained injuries and brought a negligence action against Ms. Gray in Wake County Superior Court.  The trial judge denied Ms. Corbett’s motion for directed verdict on the issue of contributory negligence and her request in the alternative to have the issue of last clear chance submitted to the jury.  The jury then found that Ms. Corbett was contributorily negligent. 

On appeal, the Appellate Clinic contended that either the issue of contributory negligence should not have been submitted to the jury or that the issue of last clear chance should have been.  The Court of Appeals agreed with the latter contention, reversing the judgment in favor of Ms. Gray and remanding for a new trial.  Judge Rick Elmore wrote the unanimous opinion for the Court of Appeals, joined by Chief Judge John Martin and Judge Donna Stroud.  Congratulations to Jennifer Avriett and Patricia Mongan for their great work!

The Appellate Advocacy Clinic is open to third-year students who have displayed proficiency in Legal Writing and Research I and II and in Appellate Advocacy.