State Automobile Mutual Insurance v. Hoyle

GREENE, Judge.

Plaintiff appeals from an order filed 5 March 1991, denying plaintiffs motion for summary judgment on plaintiffs declaratory judgment action, and entering summary judgment in favor of defendants.

The evidence established that on 13 April 1990, Will Hoyle (Will), son of defendants Michael W. and Elizabeth D. Hoyle (the Hoyles), was driving his go-cart approximately two and one half blocks from his home in Durham, North Carolina. Generally speaking, a go-cart is a recreational device made out of some type of tubing and generally about four to five feet long, with four small tires,…