Recently, two North Carolina plaintiffs appealed after the defendants’ summary judgment motion was granted in a case alleging negligence, gross negligence, battery, assault, vicarious liability, and reckless infliction of emotional distress, among other causes of action.
This North Carolina personal injury case arose when the defendants started constructing on a piece of property adjacent to the plaintiffs’ home. The construction company’s trucks used the plaintiffs’ driveway as a turnaround for large construction trucks. This damaged the plaintiffs’ driveway. The plaintiff explained to an employee (the defendant) that he’d given some information about their own home and how valuable it was to them. The goal of the plaintiff was to make sure the construction company and its employees understood the importance of the property, since they were turning around on their little driveway, which was made of river rocks. The plaintiff was concerned that the workers were tearing up the driveway and being inconsiderate.
The defendant’s construction workers kept using the driveway as a turnaround. The plaintiff and the defendant spoke three times about the workers using the driveway. The defendant told the plaintiff he had a small crew and would talk to them about it.