NC Bar Practice Questions - North Carolina Bar Examination Exam

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A pedestrian negligently walked into a roadway and froze in a position of peril. The defendant driver saw the pedestrian from 500 feet away with a clear view and ample time to brake or steer around but did nothing. Under North Carolina's last clear chance doctrine, which element must the plaintiff prove in addition to the defendant's failure to act?

That the defendant intended to strike the plaintiff That the plaintiff was in a position of peril from which the plaintiff could not escape by the exercise of reasonable care That the plaintiff was less than 50% at fault That the defendant violated a motor-vehicle statute

Correct Answer:

That the plaintiff was in a position of peril from which the plaintiff could not escape by the exercise of reasonable care

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