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FEAGIN BY FEAGIN v. STATON

No. 8420SC531.

325 S.E.2d 316 (1985)

Cheryl Lyn FEAGIN, By her Guardian ad Litem, Donald B. FEAGIN; and Donald B. Feagin, Individually v. Burgess M. STATON and John W. Faulkner.

Court of Appeals of North Carolina.

February 5, 1985.

Attorney(s) appearing for the Case

Henry T. Drake, Wadesboro, for plaintiffs, appellants.

F. O'Neil Jones, Wadesboro, for defendant, appellee, Burgess M. Staton.

Golding, Crews, Meekins, Gordon & Gray by James P. Crews, Charlotte, for defendant, appellee, John W. Faulkner.

HEDRICK, Chief Judge.

Plaintiffs contend the trial court erred in excluding testimony from plaintiff Donald Feagin concerning statements made by Jack McFadder. McFadder had discussed the condition and safety of the dumpster, as he found it after the accident, with Feagin. This testimony was properly excluded as hearsay, and it was not admissible as an admission, even though defendant Faulkner employed McFadder as an ambulance driver, since there was no evidence that...

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