Proffitt v. Gosnell

McGEE, Chief Judge.

Zackery Ray Proffitt ("Plaintiff") appeals from the trial court's order granting summary judgment in favor of James Kelly Gosnell ("Defendant"). For the reasons discussed below, we affirm.

I. Background

Plaintiff was driving a truck east on Bear Creek Road, near Asheville, shortly before 6:00 p.m. on 16 October 2015. Plaintiff's father, Manon Proffitt ("Plaintiff's father"), was a passenger in the truck. About a quarter mile from their home, Plaintiff and Plaintiff's father observed a fallen tree obstructing both lanes of traffic in the road ahead. The tree's vertical…