Erwin v. Tweed

CALABRIA, Judge.

This case is before us for a second time on appeal. The full facts are set out in Erwin v. Tweed, 142 N.C. App. 643, 544 S.E.2d 803, disc. rev. denied, 353 N.C. 724, 551 S.E.2d 437 (2001) (“Erwin I”). The essential issue here, as in Erwin I, is if there is a genuine issue of material fact as to whether the truck in question’s “gross vehicle weight as specified by the manufacturer” under N.C. Gen. Stat. § 58-40-10(1)(b)(1) (2001) is less than 10,000 pounds. Because the critical question of the weight of the truck remains unanswered by the record evidence, we again reverse and…