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ADAMS v. MILLS

No. 8320SC637.

314 S.E.2d 589 (1984)

Joe H. ADAMS v. Hazel Z. MILLS.

Court of Appeals of North Carolina.

May 1, 1984.

Attorney(s) appearing for the Case

Leath, Bynum, Kitchin & Neal by Fred W. Bynum, Jr., and Timothy C. Barber, Rockingham, for defendant-appellant.

Caudle, Underwood & Kinsey by Lloyd C. Caudle and Thad A. Throneburg, Charlotte, and Henry T. Drake, Wadesboro, for plaintiff-appellee.

BRASWELL, Judge.

Blinded by the setting sun, the defendant crashed his truck into the plaintiff's dump truck. The plaintiff sued for the property damage to his truck and the defendant counterclaimed for his personal injuries and property damages. Upon the plaintiff's motion, the trial court granted a directed verdict dismissing the defendant's counterclaim and refused to submit an issue of contributory negligence to the jury. The jury returned a favorable verdict...

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