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NATIONWIDE MUT. INS. CO. v. PREVATTE

No. 9126SC1094.

423 S.E.2d 90 (1992)

108 N.C. App. 152

NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff, v. Gene PREVATTE, Wanda Prevatte, Cynthia Jean Prevatte, by and through her Guardian Ad Litem Wanda Prevatte, Johnny Simpson and Shirley Simpson, Defendants.

Court of Appeals of North Carolina.

December 1, 1992.

Attorney(s) appearing for the Case

Rex C. Morgan, Charlotte, for plaintiff-appellant.

Monnett, Caudle & Berry by Charles G. Monnett, III, Charlotte, for defendants-appellees Wanda Prevatte, Gene Prevatte and Cynthia Jean Prevatte.

Thomas D. Windsor, Charlotte, for defendants-appellees Johnny Simpson and Shirley Simpson.

JOHNSON, Judge.

On 26 November 1988, Cynthia Jean Prevatte was injured when thrown from a Honda All-Terrain Vehicle (ATV) owned by defendant Johnny Simpson. At the time of the accident, Miss Prevatte was a guest in the Simpson home. The Simpsons were insured by a policy of homeowner's insurance issued by Plaintiff-Nationwide. Miss Prevatte was riding on a trail which began on the Simpson property and ended on the property...

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