Frey v. Woodard

MEMORANDUM AND ORDER

TROUTMAN, District Judge.

In April, 1977, while traveling through Jacksonville, North Carolina, plaintiffs Woodrow and Betty Frey were struck by defendant Gerald Woodard’s automobile while attempting to walk across a six-lane highway. Prior to being hit by Woodard’s car, plaintiffs crossed in front of a govern*387ment vehicle driven by defendant Sergeant McCracken. He allegedly stopped the five-ton truck which he was driving and both told and motioned to plaintiffs that it was safe to cross the highway. While plaintiffs were in front of the sergeant’s vehicle, the truck…