CARDWELL v. WARE

No. 7721SC571.

243 S.E.2d 915 (1978)

Ronald Stephen CARDWELL v. Sara Lineberger WARE and Robert H. Ware, Jr.

Court of Appeals of North Carolina.

May 16, 1978.


Attorney(s) appearing for the Case

Morrow, Fraser & Reavis by John F. Morrow and Bruce C. Fraser, Winston-Salem, for plaintiff.

Womble, Carlyle, Sandridge & Rice by H. Grady Barnhill, Jr. and Keith W. Vaughan, Winston-Salem, for defendants.


MARTIN, Judge.

Plaintiff assigns as error the trial court's refusal to allow one of plaintiff's witnesses to testify regarding his out-of-court statement to a private investigator one month after the collision.

Upon vigorous cross-examination, and contrary to his testimony on direct examination, plaintiff's witness Gary Myers expressed uncertainty as to whether he had actually seen plaintiff's turn signal operating just prior to the time of the collision....

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