[U] Boone v. Moore

Unpublished opinion An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. Plaintiffs appeal an order of the trial court granting defendant's motion for a directed verdict and dismissing plaintiffs' complaint with prejudice. The facts underlying the appeal are as follows: Xavier Montez Boone (the minor plaintiff) was attempting to cross the street at a place other than the crosswalk when a pickup truck driven by defendant hit the minor plaintiff's left hip. Just prior to the accident, defendant was traveling at approximately ten miles per hour. Defendant saw threeboys cross the street about thirty or forty yards ahead of him. Defendant testified that the minor plaintiff jumped out into the street when defendant's truck was about three feet away from him. Defendant further testified that he attempted to avoid hitting the minor plaintiff but was unable to do so.