LUMBERMENS MUT. CAS. CO. v. SMALLWOOD

No. 8310SC444.

315 S.E.2d 533 (1984)

LUMBERMENS MUTUAL CASUALTY COMPANY v. Goldie Pearl SMALLWOOD, Teresa Ann Britt, Anthony Charles Hutchinson, and Thomas Wayne New.

Court of Appeals of North Carolina.

June 5, 1984.


Attorney(s) appearing for the Case

Warrick, Johnson & Parsons by Dale P. Johnson, Clinton, and Lanier & Fountain by Russell J. Lanier, Jr., Kenansville, for defendant-appellant.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Dan M. Hartzog, Raleigh, for plaintiff-appellee.


ARNOLD, Judge.

Defendant contends that the trial court erred in granting plaintiff's motion for summary judgment in that there is a genuine issue of material fact as to whether Teresa Ann Britt was a resident in her mother's household at the time of the accident and as to whether she was operating the automobile with the permission of Anthony Charles Hutchinson, the owner of the vehicle. We agree that there are genuine ...

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