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LEMMERMAN v. A.T. WILLIAMS OIL CO.

No. 224A86.

350 S.E.2d 83 (1986)

R. Douglas LEMMERMAN, Guardian Ad Litem For Jonathan Shane Tucker, a Minor, and Sylvia A. Tucker, v. A.T. WILLIAMS OIL COMPANY.

Supreme Court of North Carolina.

November 18, 1986.

Attorney(s) appearing for the Case

Molitoris & Connolly by Theodore M. Molitoris and Anne Connolly, Winston-Salem, for plaintiffs-appellants.

Nichols, Caffrey, Hill, Evans & Murrelle by R. Thompson Wright, Greensboro, for defendant-appellee.

FRYE, Justice.

The sole issue on this appeal is whether the Court of Appeals correctly affirmed the trial court's conclusion that plaintiff Shane Tucker was an employee of the defendant, A.T. Williams Oil Company. For the reasons set forth in this opinion, we conclude that the Court of Appeals was correct in so affirming.

On 1 December 1982, plaintiff Shane Tucker, then aged eight, slipped on a sidewalk on defendant's property and fell, cutting his hand. He...

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