Hardison v. Williams

BALEY, Judge.

Under Rule 56(c) of the North Carolina Rules of Civil Procedure, summary judgment may be granted only if “there is no genuine issue as to any material fact.” Plaintiff testified in his deposition that at the time of the accident, defendant had no lights on the back end of his truck. G.S. 20-129 (a) provides that “[e]very vehicle upon a highway within this State [at night] shall be equipped with lighted head lamps and rear lamps . . . The violation of this statute is negligence per se. Reeves v. Campbell, 264 N.C. 224, 141 S.E. 2d 296; Williamson v. Varner, 252 N.C. 446, 114 S.E.…