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HOLDER v. MOORE

No. 7418SC292.

205 S.E.2d 732 (1974)

22 N.C. App. 134

Catherine Marie HOLDER, by her guardian ad litem, Loraine Holder v. Jerry Ann MOORE. George A. HOLDER v. Jerry Ann MOORE.

Court of Appeals of North Carolina.

June 19, 1974.

Attorney(s) appearing for the Case

Robert S. Cahoon and O'Connor & Speckhard by Harry J. O'Connor, Jr., and Donald K. Speckhard, Greensboro, for plaintiff appellant.

Frazier, Frazier & Mahler by Harold C. Mahler and Spencer W. White, Greensboro, for defendant appellee.

MORRIS, Judge.

Plaintiff contends that the trial court erred in its instruction by failing to instruct on the duty of care imposed on a motorist to avoid children when he sees or should see a parked school bus with its stop signals fully displayed. We do not agree. The record reveals that the trial court instructed the jury as follows:

"If the defendant could or should have been able to avoid the collision between her car and the child by acting and acting...

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