Body v. Varner

LEWIS, Judge.

Plaintiff Candy Body brought this action in Wake County Superior Court in her individual capacity and as guardian for her minor son, Caleb, to recover damages resulting from an automobile accident. Defendant Ronald G. Body, Candy Body’s husband, moved for and was granted a summary judgment in the negligence suit. Plaintiffs appeal the order of summary judgment.

On 14 February 1989, plaintiffs Candy and Caleb Body were passengers in a Toyota automobile driven by defendant Ronald Body. The Body vehicle was traveling westbound on Highway 97 heading towards Raleigh. The vehicle…