LONDON v. TURNMIRE

No. 8425SC961.

328 S.E.2d 847 (1985)

Jack A. LONDON, Administrator of the Estate of Marty Allen London, Deceased v. Timothy Ray TURNMIRE.

Court of Appeals of North Carolina.

May 7, 1985.


Attorney(s) appearing for the Case

Byrd, Byrd, Ervin, Blanton, Whisnant & McMahon by Robert B. Byrd and Sam J. Ervin, IV; and Todd, Vanderbloemen & Respess, by James R. Todd, Jr., Morganton, for plaintiff-appellant.

Patton, Starnes, Thompson & Aycock by Thomas M. Starnes, Morganton, for defendant-appellee.


ARNOLD, Judge.

The issue which is dispositive of this appeal is whether the trial court erred by allowing the defendant to cross-examine Pearline G. London, the deceased's mother, regarding allegations which the witness, acting as guardian ad litem for her daughter, made against the deceased in another action. Believing that this action was error, we award the plaintiff a new trial.

At trial the plaintiff offered evidence from Mrs. London which was designed...

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