## Facts

- Carlton C. Roberts owned a dump truck used for hauling gravel; Pilot Freight Carriers, Inc. owned a 50–52 foot tractor-trailer driven by its employee, Bost.
- On a highway, Bost traveled behind the dump truck, passed it near the driveway into which he intended to turn, then returned to the right lane directly in front of the dump truck.
- Immediately after re-entering the lane—while the right-turn signal continued blinking or was quickly reactivated—Bost made a sharp right turn into the driveway directly in front of the dump truck, which was following closely behind.
- The collision damaged the dump truck.
- Evidence tended to show the truck could have been repaired for about $1,000 within three to four weeks, but it had not been repaired by trial; the truck’s value decreased from about $2,500 to about $1,000.
- Roberts sought damages for physical damage and for loss of use of the truck, including lost profits from being unable to operate it normally.
- A jury awarded $1,500 for physical damage and $1,200 for loss of use.

## Issues

1. Whether the evidence was sufficient to submit to the jury negligence based on violations of N.C. Gen. Stat. § 20-154(a)–(b) (turning and signaling) and proximate cause, such that a directed verdict for defendant was properly denied.
2. Whether the trial court erred by submitting a separate issue for loss-of-use damages, instructing that lost profits could be recovered, and admitting evidence of lost profits.

## Decision

- The Supreme Court of North Carolina affirmed the judgment for the plaintiff.
- The court held the plaintiff’s evidence permitted findings that the driver violated N.C. Gen. Stat. § 20-154(a)–(b) and that the violations were a proximate cause of the collision; denial of nonsuit (directed verdict) was proper.
- The court held loss-of-use damages for a commercial vehicle could include lost profits when the loss is the direct and necessary result of the wrongful act and is proven with reasonable certainty; the jury submission, instructions, and evidence were proper.

## Legal Principles

- On a motion for nonsuit (directed verdict), the evidence is viewed in the light most favorable to the plaintiff; if it supports reasonable inferences of actionable negligence and proximate cause, the case goes to the jury.
- A violation of statutory duties governing safe turning and signaling under N.C. Gen. Stat. § 20-154(a)–(b) may constitute actionable negligence when the violation contributes proximately to the injury.
- Contributory negligence is not established as a matter of law where the plaintiff’s evidence does not compel that conclusion; it remains for the jury when reasonable minds could differ.
- For a repairable commercial vehicle, damages may include both physical damage (repair cost or diminution in value, as supported by the proof) and consequential damages for loss of use during the period of deprivation.
- Lost profits from loss of use are recoverable when they proximately and naturally flow from the wrongful act, are the direct and necessary result of the deprivation, and are shown with reasonable certainty rather than speculation.

## Conclusion

The court upheld a verdict finding actionable negligence and proximate cause based on improper passing, signaling, and turning, and it approved recovery of reasonably certain lost profits as part of loss-of-use damages for a commercial vehicle disabled by the defendant’s tort.


Roberts v. Pilot Freight Carriers, Inc., 273 N.C. 600, 160 S.E.2d 712 (1968)