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HOOTS v. TOMS AND BAZZLE, P.A.

No. 8829SC1370.

396 S.E.2d 820 (1990)

100 N.C. App. 412

Roy Timothy HOOTS, as Father and Guardian ad litem of Joshua Timothy Hoots, a Minor, and Robert Whitaker, Personally and as the Administrator of the Estate of Robert Timothy Whitaker, and Frederick L. McIntyre, Jr. as the Administrator of the Estate of Julia Ann Whitaker, Deceased, Plaintiffs, v. TOMS AND BAZZLE, P.A. a Corporation, and James Toms, Defendants. Roy Timothy HOOTS, as Father and Guardian ad litem of Joshua Timothy Hoots, a Minor and Robert Whitaker, Personally and as the Administrator of the Estate of Robert Timothy Whitaker, and Frederick L. McIntyre, Jr. as the Administrator of the Estate of Julia Ann Whitaker, Deceased, Plaintiffs, v. James WILKINS, James Toms, Edwin Hicks, Roger Ward, and Mountain Scenic Aero, Inc. a corporation, Defendants.

Court of Appeals of North Carolina.

October 16, 1990.

Attorney(s) appearing for the Case

Smiley & Mineo by Robert R. Smiley III, Charleston, S.C., and Robert A. Mineo, Raleigh, for plaintiffs.

Stepp, Groce, Cosgrove & Miller by W. Harley Stepp, Jr. and Edwin R. Groce, Hendersonville, for defendants James H. Toms and Toms & Bazzle, P.A.

Prince, Youngblood, Massagee & Jackson by Boyd B. Massagee, Jr. and Sharon B. Ellis, Hendersonville, for defendants James Wilkins and Edwin Hicks.

James, McElroy & Diehl, P.A. by Gary S. Hemric and Mark T. Calloway, Charlotte, for defendant Roger Ward.

PHILLIPS, Judge.

Plaintiffs argue that seven of the foregoing actions by the trial court were erroneous. Though not argued in that order, we consider first the actions complained of that relate to the trial as it was conducted — severing and trying first the claim against defendant Ward for negligence in piloting the airplane; refusing to receive evidence that the plane's stall warning horn was not functioning; and instructing the jury on the sudden emergency...

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