Cunningham v. Brown

WHICHARD, Judge.

I

Plaintiffs filed a complaint against defendant alleging the following: Plaintiffs resided in Massachusetts and defendant resided in North Carolina. On 9 September 1977 plaintiff Lance R. Cunningham (hereinafter “plaintiff-husband”) was driving a motor cycle on which plaintiff Pamela H. Cunningham (hereinafter “plaintiff-wife”) was a passenger. The plaintiffs were traveling north on U.S. Highway 158 in Currituck County, North Carolina. Defendant was also traveling north on Highway 158 ahead of plaintiffs, separated from them by a tractor-trailer. As plaintiff-husband passed…