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JERNIGAN v. STATE FARM MUTUAL AUTOMOBILE INS. CO.

No. 7211DC415.

190 S.E.2d 866 (1972)

Grace JERNIGAN v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Indiana Lumbermen's Mutual Insurance Company. and Shelba J. JERNIGAN v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Indiana Lumbermen's Mutual Insurance Company.

Court of Appeals of North Carolina.

August 30, 1972.

Attorney(s) appearing for the Case

Bryan, Jones, Johnson, Hunter & Greene by C. McFarland Hunter, Dunn, for plaintiff appellees (Grace Jernigan and Shelba J. Jernigan).

Butler, High & Baer by Ervin I. Baer, Fayetteville, for defendant appellee (State Farm Mutual Automobile Insurance Co.).

Anderson, Nimocks & Broadfoot by Henry L. Anderson, Fayetteville, for defendant appellant (Indiana Lumbermen's Mutual Insurance Co.).

HEDRICK, Judge.

The defendant Lumbermen's assigns as error the denial of its motion for summary judgment as to plaintiffs' claims and as to the cross claim of the defendant State Farm. "(T)he movant is allowed to preserve his exception to the denial of the motion for consideration on appeal from the final judgment." The question thus presented on appeal is whether the pleadings and stipulations of the parties show there is a genuine issue as to any material fact and...

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