At the time in question, Billy Chaney was driving approximately 30-35 miles per hour and was going around a slight curve, when the vehicle driven by defendant Loria Young entered the curve traveling in a westerly direction. Defendant drove her vehicle across the center line into the east-bound lane of travel and collided with the vehicle driven by Billy Chaney. Plaintiffs were injured and decedent Billy Chaney, III was killed as a result of the accident. Defendant also stipulated that the minor died as a proximate result of the automobile accident on 1 July 1993. From the judgment entered upon the jury verdicts, defendant appeals.
Defendant brings forward three assignments of error.
As to the trial court's denial of defendant's motion for summary judgment, this Court has held that when a case has been decided on the merits, a denial of a motion for summary judgment is not reviewable, and is therefore properly dismissed. 84 N.C. App. Thus, we address the second prong of defendant's first assignment of error. The relevant statute requires that children be placed in child restraints. N.C. Gen. Stat.