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JOHNSON v. CITY OF RALEIGH

No. 8910SC167.

389 S.E.2d 849 (1990)

98 N.C. App. 147

Ruth Elizabeth JOHNSON v. CITY OF RALEIGH, a North Carolina municipal corporation.

Court of Appeals of North Carolina.

April 3, 1990.

Attorney(s) appearing for the Case

Winborne & Winborne by Vaughan S. Winborne, Jr., Raleigh, for plaintiff-appellant.

Bailey & Dixon by Gary S. Parsons and Cathleen M. Plaut, Raleigh, for defendant-appellee.

GREENE, Judge.

Plaintiff appeals the court's grant of summary judgment for defendant.

The record shows that plaintiff filed suit on 7 December 1987 against the City of Raleigh ("City") for personal injuries arising out of plaintiff's fall on a wet sidewalk on 10 December 1984. The clerk of superior court issued summons on 7 December 1987, addressed to "Mayor ... or City Attorney Dempsey Benton," which was served at the City Mayor's office on 10 December 1987...

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