Jones v. Allred

BRASWELL, Judge.

A 1971 Vega automobile left Miller’s Mill Road on a curve at the Uwharrie River, jumped the stream, and came to rest upside down in the water’s opposite bank. The rescue squad removed the lifeless body of Beverly Jones from the wreckage. Three people had occupied the vehicle: Beverly Jones, Richard Hubbard, and Toni Kinsey. The fundamental issue in this action for wrongful death in the negligent operation of the Vega on 30 October 1975 is: who was the driver?

The plaintiff initially commenced her action on 28 October 1977, but gave notice of voluntary dismissal as provided by…