Powell v. Doe

SMITH, Judge.

Plaintiff brought this action to recover damages for the fatal injury suffered by Nerys Alexander Flores (Flores or decedent) due to the alleged common law and per se negligence of an unknown hit and run driver. We hold that plaintiff has not forecast evidence establishing his claims of negligence and affirm the trial court’s grant of summary judgment to the unnamed defendant.

Plaintiff’s evidence tends to show that on 23 May 1994, Flores was walking along a roadway in Forsyth County, North Carolina, when he was struck and killed by an automobile. The tortfeasor was never located…