WOODS v. SMITH

No. 103.

255 S.E.2d 174 (1979)

297 N.C. 363

Sandra Bass WOODS v. Richard Lee SMITH and Wilda Norris Stallings.

Supreme Court of North Carolina.

June 12, 1979.


Attorney(s) appearing for the Case

William A. Smith, Jr., Raleigh, for plaintiff-appellant.

Broughton, Wilkins, Ross & Crampton, by Robert B. Broughton and William S. Aldridge, Raleigh, for defendant-appellee Stallings.

Johnson, Patterson, Dilthey & Clay by Ronald C. Dilthey and Robert W. Kaylor, Raleigh, for defendant-appellee Smith.


BROCK, Justice.

I

DEFENDANT-STALLINGS' MOTION FOR SUMMARY JUDGMENT

The issue posed by the grant of summary judgment in favor of defendant-Stallings is whether the allegation of negligence against one defendant in the complaint of a plaintiff who joins two defendants asserting claims of negligence against them in the alternative, when admitted by the second defendant in his answer, is a binding judicial admission entitling the second defendant...

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