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WILLIAMS v. WACHOVIA BANK & TRUST CO.

No. 77.

233 S.E.2d 589 (1977)

292 N.C. 416

Joseph D. WILLIAMS, II, minor by guardian ad litem, Joseph D. Williams v. WACHOVIA BANK & TRUST COMPANY, Executor of the Estate of John Waldrop Williams. Joseph D. WILLIAMS, Individually v. WACHOVIA BANK AND TRUST COMPANY, Executor of the Estate of John Waldrop Williams.

Supreme Court of North Carolina.

April 14, 1977.

Attorney(s) appearing for the Case

James, Hite, Cavendish & Blount by Robert D. Rouse, III, Greenville, for plaintiff.

Gaylord, Singleton & McNally by Louis W. Gaylord, Jr., and Phillip R. Dixon, Greenville, for defendant.

BRANCH, Justice.

The initial question presented in this case is whether the family purpose doctrine is applicable to negligence actions arising from the operation of a motorcycle off the public highways.

The family purpose doctrine imposes liability upon the owner or person with ultimate control of a motor vehicle for its negligent operation by another when it is shown (1) that the operator was a member of his family...

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