Legal Opinion

Kaska v. Progressive Universal Ins. Co.

Court of Appeals of North Carolina

Decided March 21, 2017No. COA 16-729PublishedCited by 1 opinion

1Opinion of the Court

McGEE, Chief Judge.

Steven Andrew Kaska ("Plaintiff") appeals from an order allowing a motion to dismiss as to Progressive Universal Insurance Company ("Defendant"). We affirm.

I. Background

Plaintiff was driving his motorcycle on State Road 1509 in Onslow County on 5 January 2013 when a large truck hauling gravel rounded a curve in the road at excessive speed, crossed the center line, swerved, and dumped gravel on and around Plaintiff. This spray of debris made "direct contact" with Plaintiff and his motorcycle, causing Plaintiff to lose control of the motorcycle and crash it. The truck did not…

2Cases cited15 opinions

  1. In Re the Appeal From the Civil PenaltySupreme Court of North Carolina · 1989
  2. Nationwide Mutual Insurance v. ChantosSupreme Court of North Carolina · 1977
  3. Lunsford v. MillsSupreme Court of North Carolina · 2014
  4. Craven v. SEIU COPECourt of Appeals of North Carolina · 2008
  5. Andersen v. BaccusSupreme Court of North Carolina · 1994

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3Cited by1 opinion

  1. State Farm Mutual Automobile Insurance Company v. CampbellDistrict Court, W.D. North Carolina · 2019

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