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JOHNSON v. SKINNER

No. 8911SC684.

392 S.E.2d 634 (1990)

99 N.C. App. 1

John E. JOHNSON v. Joann M. SKINNER, Administratrix of the Estate of Thomas E. Cumberworth Skinner, John Raphael Green, and P.M. Concepts, Inc. d/b/a Toyota Sanford.

Court of Appeals of North Carolina.

June 19, 1990.

Attorney(s) appearing for the Case

Love & Wicker by Dennis A. Wicker, Sanford, for plaintiff-appellee.

Robert C. Bryan, Dunn, for defendant-appellant, P.M. Concepts, Inc. d/b/a Toyota Sanford.

Van Camp, West, Webb & Hayes by Stanley W. West and W. Carole Holloway, Pinehurst, for defendants-appellants Joann M. Skinner and John Raphael Green.

ARNOLD, Judge.

Defendants' first two assignments of error concern the liability of Green and Toyota based on their violation of a statute. The parties stipulated that defendant Skinner had been negligent in his operation of the automobile. Concerning the liability of Green and Toyota, the case went to the jury based on an alleged violation of N.C. Gen.Stat. § 20-79(d) (1987), which at the time of the accident provided:

No manufacturer or dealer in motor...

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