Hearne v. Smith

VAUGHN, Judge.

Defendant-movant relies on plaintiff’s allegation that plaintiff was the owner of and passenger in an automobile which was negligently driven by Walter Ivey Smith so as to proximately cause a collision and resulting injury and damage to plaintiff. Defendant then moves for summary judgment on the grounds that as a result of plaintiff’s capacity as owner and status as passenger, Walter Ivey Smith’s negligence is imputed to him, thereby making plaintiff contributorily negligent as a matter of law.

“In North Carolina, negligence is imputed to the owner-occupant of an automobile…