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STATE AUTO. MUT. INS. CO. v. HOYLE

No. 9114SC441.

415 S.E.2d 764 (1992)

106 N.C. App. 199

STATE AUTOMOBILE MUTUAL INSURANCE COMPANY v. Michael W. HOYLE, Elizabeth Hoyle, Cynthia Thomas McAbee, James B. McAbee, and Thomas Walker McAbee.

Court of Appeals of North Carolina.

May 5, 1992.

Attorney(s) appearing for the Case

Teague, Campbell, Dennis & Gorham, by John A. Tomei, Raleigh, for plaintiff-appellant.

Haywood, Denny, Miller, Johnson, Sessoms & Patrick, by Robert E. Levin, Durham, for defendant-appellees Michael W. Hoyle and Elizabeth Hoyle.

Poe, Hoof and Reinhardt, by Martha A. New, Durham, for defendant-appellees Cynthia Thomas McAbee and Thomas Walker McAbee.

GREENE, Judge.

Plaintiff appeals from an order filed 5 March 1991, denying plaintiff's motion for summary judgment on plaintiff's declaratory judgment action, and entering summary judgment in favor of defendants.

The evidence established that on 13 April 1990, Will Hoyle (Will), son of defendants Michael W. and Elizabeth D. Hoyle (the Hoyles), was driving his go-cart approximately two and one half blocks from his home in Durham, North Carolina. Generally speaking...

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