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SANDERS v. GEORGE A. YANCEY TRUCKING CO.

No. 8210SC666.

303 S.E.2d 600 (1983)

Ervin S. SANDERS, Jr., By his Guardian ad Litem, Ervin S. SANDERS and Ervin S. Sanders, Individually v. GEORGE A. YANCEY TRUCKING COMPANY, Ivey Vance Riggs, William C. Lawton, Administrator of the Estate of John Gulley, Deceased and Lois Vonnie Gulley. Thomas Junior JOHNSON v. GEORGE A. YANCEY TRUCKING COMPANY, Ivey Vance Riggs, William C. Lawton, Administrator of the Estate of John Gulley, Deceased, and Lois Vonnie Gulley. Jerry GULLEY, By his Guardian ad Litem, Charles B. MORRIS, Jr. v. GEORGE A. YANCEY TRUCKING COMPANY, Ivey Vance Riggs, William C. Lawton, Administrator of the Estate of John Gulley, Deceased, and Lois Vonnie Gulley.

Court of Appeals of North Carolina.

June 21, 1983.

Attorney(s) appearing for the Case

Barringer, Allen & Pinnix by M. Jean Calhoun and William D. Harazin, Raleigh, for plaintiff-appellee, Thomas Junior Johnson.

Moore, Ragsdale, Liggett, Ray & Foley by George R. Ragsdale, Jane Flowers Finch and John N. Hutson, Jr., Raleigh, for defendant-appellants, Ivey Vance Riggs and George A. Yancey Trucking Co.

Clifton & Singer by Ben F. Clifton, Jr., Raleigh, for defendant-appellant Riggs.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by James G. Billings, Raleigh, for appellees, William C. Lawton, Administrator of the Estate of John Gulley, Deceased, and Lois Vonnie Gulley.

BRASWELL, Judge.

Two trucks, traveling in opposite directions met and collided upon U.S. Highway # 64 in Tyrrell County. The major factual issue in this negligence action is: which truck crossed the center line of this two-lane highway? The question presents a factual dispute which lies within the province of a jury to resolve.

Defendant Riggs, driver of defendant Yancey's dump truck, testified that the Gulley pickup truck "darted" across the center line directly...

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