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.

Disclaimer: The case(s) referenced herein are sample cases handled by the law firm. The results of each case depend on a variety of factors unique to each case and not all of the firm's results are provided. Prior results do not guarantee similar outcomes.

Read 2100 times Last modified on Sunday, 03 January 2016 03:14
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Adam G. Linett

Adam G. Linett, the founding member of A.G. Linett & Associates, PA, enjoys practicing law as a trial lawyer. After graduation from Duke Law School in 2000, he moved to New York where his work primarily focused on defense litigation and appellate work in a number of jurisdictions across the United States.

Contact Info

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