Smith v. Pass

LEWIS, Judge.

This is a negligence action. The record reveals the following sequence of events. On 80 December 1985 at approximately 8:35 a.m. defendant Dennis Marshall (Marshall), while within the scope of his employment, was operating Piedmont’s garbage truck on Rural Road 1554 in Caswell County. He was traveling in a westerly direction. In order to pick up the garbage at customer Annie Swann’s (Swann) house, Marshall pulled the truck off onto the opposite shoulder of the paved road in front of the Swann’s driveway so that it was facing oncoming eastbound traffic. Marshall and his co-worker…