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SCHUMAN v. INVESTORS TITLE INS. CO.

Nos. 8515SC773, 8515SC796.

338 S.E.2d 611 (1986)

Jack L. SCHUMAN and wife Jean O. Schuman; Leonard Laufe and wife Symoine Laufe; Harvey Mann and wife Rhoda Mann, Plaintiffs, v. INVESTORS TITLE INSURANCE COMPANY, Defendant and Third-Party Plaintiff, v. Robert EPTING, Third-Party Defendant. Jack L. SCHUMAN and wife Jean O. Schuman; Leonard Laufe and wife Symoine Laufe; Harvey Mann and wife Rhoda Mann, Plaintiffs, v. Charles G. BEEMER, Charles G. Beemer, P.A., A North Carolina Professional Association, and Robert Epting, Defendants.

Court of Appeals of North Carolina.

January 21, 1986.

Attorney(s) appearing for the Case

Newsom, Graham, Hedrick, Bryson & Kennon by William P. Daniell and Joel M. Craig, Durham, for plaintiff-appellants.

Jordan, Brown, Price & Wall by Charles Gordon Brown and William D. Bernard, Chapel Hill, for Charles G. Beemer and Charles G. Beemer, P.A., defendant-appellees.

Haywood, Denny, Miller, Johnson, Sessoms & Haywood by George W. Miller, Jr. and Sherry R. Dawson, Durham, for Robert Epting, defendant-appellee.

Mount, White, Hutson & Carden, P.A. by Richard M. Hutson, II, and Stephanie C. Powell, Durham, for Investors Title Ins. Co., defendant-appellee.

WEBB, Judge.

We hold it was proper to dismiss the claims against the defendants Beemer and Epting. If both the attorneys were negligent in not seeing that Roger Baker, Inc. had title to the property before the deed of trust was recorded and the money disbursed, the plaintiffs still have to show that this negligence was a proximate cause of their injury. Rorrer v. Cooke, 313 N.C. 338, 329 S.E.2d 355

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