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STATE FARM MUTUAL AUTOMOBILE INS. CO. v. BLACKWELDER

No. 404PA91.

418 S.E.2d 229 (1992)

332 N.C. 135

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. Kenneth W. BLACKWELDER, Executor of the Estate of Clyde Willard Blackwelder

Supreme Court of North Carolina.

July 17, 1992.

Attorney(s) appearing for the Case

Hartsell, Hartsell, & Mills, P.A. by W. Erwin Spainhour, Concord, for defendant appellant.

Hutchins, Tyndall, Doughton & Moore by Kent L. Hamrick, Winston-Salem, for plaintiff appellee.

WEBB, Justice.

The defendant contends that the dismissal with prejudice of Mrs. Sargeant's Watauga County case against the defendant extinguished as a matter of law all claims against the defendant arising from the 21 March 1988 accident, whether such claims were asserted on behalf of Mrs. Sargeant or her subrogee, State Farm. The defendant argues that Mrs. Sargeant and State Farm were entitled to bring only one civil action against the defendant for Sargeant's injuries...

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