Gore v. Williams

VAUGHN, Judge.

Defendants present several assignments of error pertaining to defendant Williams’ third party claim. We will address those errors for which we conclude defendants are entitled to a new trial.

In Assignment of Error No. 16, defendants argue that the court erred in excluding testimony of Faison as to the speed of the Williams’ vehicle. We agree.

In North Carolina, any person of ordinary intelligence who has had a reasonable opportunity to observe a moving automobile is competent to testify as to that automobile’s rate of speed. Jones v. Horton, 264 N.C. 549, 142 S.E. 2d 351 (1965).…