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Pintacuda v. Zuckeberg

Supreme Court of North Carolina
Apr 1, 2004
358 N.C. 211 (N.C. 2004)

Summary

adopting Timmons-Goodson's dissent per curiam

Summary of this case from Rieper v. Pearce

Opinion

No. 509A03

Filed 2 April 2004

Motor Vehicles — car stopping in highway — skidding motorcyclist — proximate cause

The decision of the Court of Appeals that summary judgment for defendant was inappropriate on the issue of proximate cause in an action by plaintiff motorcyclist to recover for injuries received when defendant stopped his car on an interstate highway in front of plaintiff and plaintiff's motorcycle skidded when he swerved into an adjoining lane is reversed for the reason stated in the dissenting opinion that plaintiff's own deposition testimony shows that defendant's act of stopping his vehicle was merely a circumstance of the accident and not the proximate cause of plaintiff' injuries.

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 159 N.C. App. 617, 583 S.E.2d 348 (2003), reversing an order entered 17 May 2002 by Judge Robert D. Lewis, in Superior Court, Buncombe County. On 1 October 2003, the Supreme Court granted discretionary review as to additional issues. Heard in the Supreme Court 15 March 2004.

Roberts Stevens, P.A., by Jacqueline D. Grant and Kenneth R. Hunt, for plaintiffs-appellees. Van Winkle, Buck, Wall, Starnes, Davis, P.A., by Dale A. Curriden and Vaughn S. Monroe, for defendant-appellant.


As to the issue on direct appeal, we reverse the decision of the Court of Appeals for the reasons stated in the dissenting opinion. Further, we conclude that the petition for discretionary review as to the additional issues was improvidently allowed.

REVERSED; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.


Summaries of

Pintacuda v. Zuckeberg

Supreme Court of North Carolina
Apr 1, 2004
358 N.C. 211 (N.C. 2004)

adopting Timmons-Goodson's dissent per curiam

Summary of this case from Rieper v. Pearce
Case details for

Pintacuda v. Zuckeberg

Case Details

Full title:JAY T. PINTACUDA AND WIFE LUCRETIA PINTACUDA v. JACK ZUCKEBERG

Court:Supreme Court of North Carolina

Date published: Apr 1, 2004

Citations

358 N.C. 211 (N.C. 2004)
593 S.E.2d 776

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