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WARD v. McDONALD

No. 895SC1351.

396 S.E.2d 337 (1990)

100 N.C. App. 359

James M. WARD, Administrator of the Estate of James William Ward, Plaintiff, v. Larry McDONALD, Defendant.

Court of Appeals of North Carolina.

October 2, 1990.

Attorney(s) appearing for the Case

Shipman & Lea by Gary K. Shipman, Wilmington, for plaintiff-appellant.

Murchison, Taylor, Kendrick, Gibson & Davenport by Vaiden P. Kendrick and John L. Coble, Wilmington, for defendant-appellee.

JOHNSON, Judge.

The pertinent facts are as follows. On 13 October 1986 at approximately 9:30 p.m., James Ward (hereinafter "decedent," "intestate" or "Ward") was operating a 1981 Yamaha motorcycle in a southerly direction on U.S. Highway 117 approaching its intersection with Centennial Drive in New Hanover County. At the same time, defendant Larry McDonald was operating a 1986 Dodge truck in a northerly direction. Defendant's truck and Ward's motorcycle collided just...

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