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ALLEN v. PULLEN

No. 8618SC134.

345 S.E.2d 469 (1986)

Melvin Ray ALLEN v. Terri Knopf PULLEN v. LOWE'S PLUMBING COMPANY, INC.

Court of Appeals of North Carolina.

July 15, 1986.

Attorney(s) appearing for the Case

Smith, Helms, Mulliss & Moore by Peter J. Covington and Rolly L. Chambers, Charlotte and Schoch, Schoch & Schoch by Arch Schoch, Jr., High Point, for plaintiff and third party defendant-appellee.

Womble, Carlyle, Sandridge & Rice by Allan R. Gitter and Tyrus V. Dahl, Jr., Winston-Salem and Wyatt, Early, Harris, Wheeler & Hauser by Frank B. Wyatt, High Point, for defendant and third party plaintiff-appellant.

MARTIN, Judge.

The sole issue on appeal is whether the trial court erred when it granted judgment notwithstanding the verdict in favor of plaintiff and Lowe's, finding, as a matter of law, that defendant's counterclaim and third party claim were barred by her contributory negligence. For the reasons which follow, we reverse.

A motion for judgment notwithstanding the verdict, made pursuant to G.S. 1A-1, Rule 50(b...

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