Reported Decision
Mosqueda v. Mosqueda, 721 S.E.2d 755, 757 (N.C. Ct. App. 2012) appeal dismissed, review denied, 724 S.E.2d 919 (N.C. 2012)
Date: 1/17/2012
Attorney(s):
- Adam G. Linett
- J. Rodrigo Pocasangre
Summary
Four passengers sued the driver of automobile who overturned her vehicle in Alabama while all were in route to North Carolina. The trial court dismissed three of the plaintiffs’ claims finding they were barred by the Alabama guest statute. Plaintiffs appealed arguing that the Alabama guest statute was contrary to North Carolina public policy and that it violated the Equal Protection Clause. However, the Court of Appeals upheld the trial court’s decision and the North Carolina Supreme Court denied review. The remaining passenger settled after the appeal was concluded as his claim was found exempted from the guest statute as the husband and co-owner of the vehicle.
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