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SHAW v. BURTON

No. 8918SC1401.

408 S.E.2d 199 (1991)

104 N.C. App. 113

Elton Eugene SHAW and Evelyn Marie Thompson Shaw, Plaintiffs, v. Larry Milton BURTON, Rex Oil Co., Inc. and Margaret Foster Knight, Defendants.

Court of Appeals of North Carolina.

September 17, 1991.

Attorney(s) appearing for the Case

Smith Helms Mulliss & Moore by McNeill Smith and George Kimberly, Greensboro, for plaintiff appellants.

Henson Henson Bayliss & Sue by Jack B. Bayliss and James H. Slaughter, Greensboro, for defendant appellees Larry Milton Burton and Rex Oil Co., Inc.

Frazier, Frazier & Mahler by Robert A. Franklin and James D. McKinney, Greensboro, for defendant appellee Margaret Foster Knight.

PHILLIPS, Judge.

The only questions of substance presented for our determination are whether the court erred in directing verdicts against plaintiffs' claims based upon the second accident. Other questions are posed but they either have no basis or are superfluous. Plaintiffs' arguments that the court erred in refusing to instruct the jury as to their damages in the second accident and the negligence of defendants Burton and the oil company in causing it serve no...

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