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HAIRSTON v. ALEXANDER TANK & EQUIPMENT CO.

No. 80PA83.

311 S.E.2d 559 (1984)

310 N.C. 227

Bettye HAIRSTON, Administratrix of the Estate of John O. Hairston, Plaintiff, v. ALEXANDER TANK AND EQUIPMENT CO. and Haygood Lincoln Mercury, Inc., Original Defendants, and ALEXANDER TANK AND EQUIPMENT CO., Third-Party Plaintiff, v. James Fulton WHITBY and Two-Way Radio of Charlotte, Inc., Third-Party Defendants.

Supreme Court of North Carolina.

February 2, 1984.

Attorney(s) appearing for the Case

Tucker, Hicks, Sentelle, Moon & Hodge, P.A. by John E. Hodge, Jr., Fred A. Hicks and David B. Sentelle, Charlotte, for plaintiff.

Hasty, Waggoner, Hasty, Kratt & McDonnell by Robert D. McDonnell and William J. Waggoner, and Golding, Crews, Meekins, Gordon & Gray by Fred C. Meekins and Henry C. Byrum, Jr., Charlotte, for defendant Alexander Tank and Equipment Co.

Hedrick, Feerick, Eatman, Gardner & Kincheloe by J.A. Gardner III and Scott M. Stevenson, Charlotte, for defendant Haygood Lincoln Mercury, Inc.

MARTIN, Justice.

John O. Hairston's death was caused by a collision on the South Fork River Bridge on Interstate 85 in Gaston County on 17 April 1978. Taken in the light most favorable to plaintiff, her evidence tends to establish the following facts: On Friday, 14 April 1978, Hairston negotiated the purchase of a 1978 Lincoln Continental automobile at Haygood Lincoln Mercury, Inc. in Lowell, North Carolina. The automobile as originally received by Haygood from the...

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