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HERBERT v. BROWNING-FERRIS INDUSTRIES OF SOUTH ATLANTIC

No. 8726SC959.

368 S.E.2d 416 (1988)

James HERBERT, Administrator of the Estate of Michael Walter Herbert v. BROWNING-FERRIS INDUSTRIES OF SOUTH ATLANTIC, INC., James Lee Thompson, Gerrard Tire Company, Inc., L & N Tire Service, Inc., and Brad Ragan, Inc.

Court of Appeals of North Carolina.

May 31, 1988.

Attorney(s) appearing for the Case

Winfred R. Ervin, Jr., Charlotte, for plaintiff-appellant.

Moore & Van Allen by James C. Smith and Robert C. Ervin, Charlotte, for defendants-appellants Browning-Ferris Industries of South Atlantic, Inc. and James Lee Thompson.

Hamel, Helms, Cannon, Hamel & Pearce by H. Parks Helms, Charlotte, for defendant-appellee Gerrard Tire Co., Inc.

ORR, Judge.

On 30 August 1984, the left front tire on a Mack truck, owned by defendant Browning-Ferris Industries of South Atlantic, Inc. (BFI) and driven by its employee, defendant James Lee Thompson (Thompson), self-destructed, causing Thompson to lose control of the vehicle. The truck then crossed the highway median and collided head-on with the car of Mr. Michael Walter Herbert. Mr. Herbert died shortly thereafter from injuries suffered during the collision. ...

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