NC Court of Appeals Decision Reaffirms Contributory Negligence Defense is Not Absolute

Rebecca Thornton, Jennifer Milak and Patrick Scott

Klapp v. Buck, a recent unpublished opinion by Judge Dillon of the North Carolina Court of Appeals revisits the defense of contributory negligence and confirms that this affirmative defense is not absolute. Background of the Case This case stems from an accident where Defendant’s vehicle collided with the Plaintiff who was riding her bicycle. The…