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LONON v. TALBERT

No. 9026SC343.

407 S.E.2d 276 (1991)

103 N.C. App. 686

Robert C. LONON and Linda C. Lonon, Plaintiffs, v. Thomas Lee TALBERT, III, and the City of Charlotte, a North Carolina Municipal Corporation, Defendants.

Court of Appeals of North Carolina.

August 20, 1991.

Attorney(s) appearing for the Case

Bailey, Patterson, Caddell & Bailey, P.A. by Jerry N. Ragan and Michael A. Bailey, Charlotte, for plaintiffs-appellees.

Frank B. Aycock, III, and Parker, Poe, Adams & Bernstein by Max E. Justice and David N. Allen, Charlotte, for defendant-appellant City of Charlotte.

PARKER, Judge.

Plaintiffs instituted this personal injury action against defendant Talbert to recover damages arising out of a motorcycle-automobile accident at the intersection of Fairview Road with a driveway giving access to the Sears Automotive Center at Southpark Mall in Charlotte ("Sears intersection"). Later plaintiffs amended their complaint to join as a party defendant the City of Charlotte ("City"). Plaintiffs alleged that various acts by City in connection...

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