Hofecker v. Casperson

TIMMONS-GOODSON, Judge.

David Lloyd Hofecker (“plaintiff’) appeals the trial court order granting summary judgment in favor of Jonathan Cooper Casperson (“Jonathan”) and Gary Jay Casperson (“Gary”) (collectively, “defend*342ants”). For the reasons discussed herein, we affirm in part and reverse in part.

The facts and procedural history pertinent to the instant appeal are as follows: At approximately 6:56 p.m. on 1 November 2001, Jonathan was driving his vehicle at approximately forty miles per hour in the northbound lane of RP-1423 in Cary. At that time, plaintiff was walking home from work, in or…