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YATES v. NEW SOUTH PIZZA, LTD.

No. 176PA91.

412 S.E.2d 666 (1992)

330 N.C. 790

Anthony Gene YATES v. NEW SOUTH PIZZA, LTD., d/b/a Domino's Pizza.

Supreme Court of North Carolina.

January 31, 1992.

Attorney(s) appearing for the Case

David F. Tamer, Winston-Salem, for plaintiff-appellant.

Womble, Carlyle, Sandridge & Rice by Allan R. Gitter, Gary W. Jackson and James R. Morgan, Jr., Winston-Salem, for defendant-appellee.

Ferguson, Stein, Watt, Wallas, Adkins & Gresham, P.A. by Adam Stein, Chapel Hill, for North Carolina Academy of Trial Lawyers.

Grover C. McCain, Jr., and Bree Andrew, Chapel Hill, amici curiae.

FRYE, Justice.

On 5 September 1985, plaintiff was a passenger in an automobile owned by Franklin Hobert Simmons and operated by Lisa Dawn Simmons. Donald Lee Powell, a delivery person for defendant, New South Pizza, Ltd., d/b/a Domino's Pizza, ran a stop sign and collided with the Simmons car. As a result of the collision, plaintiff suffered injuries to his head and right wrist, and permanent damage to his left hip. On 26 August 1987, plaintiff executed a covenant...

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