Colvin v. Badgett

WYNN, Judge.

On 6 September 1992, defendant and third-party plaintiff Glenn Badgett drove his car with his wife as a passenger along Interstate 40 in Johnston County. 1-40 is a four lane highway at that point, and the Badgetts’ vehicle was being driven in the left lane in a westerly direction when they noticed that a pick-up truck had run into a ditch off of the right side of the highway. Mrs. Badgett told Mr. Badgett that the truck on the side of the road belonged to his sister-in-law, Suellen Berkshire. Mr. Badgett also noticed that another truck with its emergency red lights flashing was…