SELLERS v. CSX TRANSP., INC.

No. 9012SC766.

402 S.E.2d 872 (1991)

Clifton Ray SELLERS, Plaintiff, v. CSX TRANSPORTATION, INC., Defendant.

Court of Appeals of North Carolina.

April 16, 1991.


Attorney(s) appearing for the Case

Canady, Person & Britt by Carl L. Britt, Jr., Fayetteville, for plaintiff-appellee.

McLean, Stacy, Henry & McLean by Everett L. Henry, Lumberton, for defendant-appellant.


LEWIS, Judge.

On 18 September 1987 Clifton Ray Sellers was operating a moped along East Russell Street in Fayetteville at approximately 8:30 a.m. Upon approaching the railroad crossing he slowed down to make sure he crossed the tracks at the proper angle. As he crossed the tracks he struck a hole in the pavement between the tracks and was thrown from the moped, severely injuring his left leg and knee and rendering him permanently disabled. In February of 1988 Mr....

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