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SMITH v. PASS

No. 8817SC1262.

382 S.E.2d 781 (1989)

Marjorie SMITH v. Amos PASS, First Piedmont Corporation and Dennis Wade Marshall.

Court of Appeals of North Carolina.

September 5, 1989.

Attorney(s) appearing for the Case

Ramsey, Cioffi & Abell by Andrew P. Cioffi and James E. Ramsey, Roxboro, for plaintiff-appellee.

Henson Henson Bayliss & Teague by Perry C. Henson and Gary K. Sue, Greensboro, for defendants-appellants, First Piedmont Corp. and Dennis Marshall.

Adams Kleemeier Hagan Hannah & Fouts by Joseph W. Moss and Trudy A. Ennis, Greensboro, for defendant-appellee, Amos Pass.

LEWIS, Judge.

This is a negligence action. The record reveals the following sequence of events. On 30 December 1985 at approximately 8:35 a.m. defendant Dennis Marshall (Marshall), while within the scope of his employment, was operating Piedmont's garbage truck on Rural Road 1554 in Caswell County. He was traveling in a westerly direction. In order to pick up the garbage at customer Annie Swann's (Swann) house, Marshall pulled the truck off onto the opposite shoulder...

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