WALL v. NATIONWIDE MUT. INS. CO.

No. 8220SC566.

302 S.E.2d 302 (1983)

James E. WALL, Plaintiff, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant and Third Party Plaintiff, v. Delbert Ray ADAMS, Jerry Michael Meachum, and First of Georgia Insurance Company, Third Party Defendants.

Court of Appeals of North Carolina.

May 3, 1983.


Attorney(s) appearing for the Case

Henry T. Drake, Wadesboro, for plaintiff.

Griffin, Caldwell, Helder & Steelman, P.A., by C. Frank Griffin and Sanford L. Steelman, Jr., Monroe, for original defendant-third party plaintiff.

No brief filed for third party defendants.


WHICHARD, Judge.

I.

The pleadings and discovery documents establish the following pertinent facts:

Plaintiff and third party defendant Meachum scuffled and exchanged some words while exiting a food store. When this occurred third party defendant Adams was pumping gas into his sister's car, which he was operating with her permission.

Meachum, who was riding with Adams, got into the car after exiting the store. Plaintiff had to pass this vehicle...

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