Chris Williams Case Study

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Defendant Chris Williams (herein “Williams”) respectfully submits this Memorandum of Law in support of its Motion for Summary Judgment. As set forth in detail below, there is no genuine issue as to any material fact, and Summary Judgment in favor of Chris Williams should be granted. STATEMENT OF UNDISPUTED FACTS Plaintiff, Sandra Johnson, seeks damages for negligence against Chris Williams as a result of a car accident. On November 01, 2013, Defendant, Chris Williams was in a car accident at the intersection of Elm and Maple Street traveling at approximately 5:45pm- 6:00pm. when Mrs. Johnson’s vehicle struck his car. (Williams Dep. Pg. 2). Mrs. Johnson was alone in her car, a white Toyota Corolla, going north on Elm. At the intersection, …show more content…

Carr v. Lee, 249 N.C. 712, 714 (1959). Similarly, Chris Williams was traveling from eastbound to the westbound side of the intersection. Like Carr, Williams had the right of way as he was to the right of Mrs. Johnson. Although there were no traffic signs, the eastbound motorist, Mr. Williams, arrived in intersection and thus had the right of way having no duty to Mrs. Johnson. In order to find one guilty of negligence all for elements of negligence must be proven. Here, Mr. Williams had no duty meaning that he could not have breached a duty that does not exist and he was not the proximate cause of Mrs. Johnson’s damages. Therefore, Mr. Williams should be granted a Motion for Summary Judgment, as he was not negligent to Mrs. Williams. In order to be found negligent in North Carolina all four elements must be satisfied. Since Williams had no duty to Mrs. Johnson,, the negligence claim should

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