Pintacuda v. Zuckeberg 358 N.C. 211

JAY T. PINTACUDA and wife LUCRETIA PINTACUDA v. JACK ZUCKEBERG

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 plaintiffs motorcycle skidded when he swerved into an adjoining lane is reversed for the reason stated in the dissenting opinion that plaintiffs 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, RA., 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.