MITCHELL v. GOLDEN

No. 9121SC724.

420 S.E.2d 482 (1992)

107 N.C. App. 413

Constance M. MITCHELL v. Jackie GOLDEN and Oberia Beck Golden.

Court of Appeals of North Carolina.

September 15, 1992.


Attorney(s) appearing for the Case

Beverly R. Mitchell, Winston-Salem, for plaintiff-appellee.

Kennedy, Kennedy, Kennedy and Kennedy by Harvey L. Kennedy, Harold L. Kennedy, Jr. and Harold L. Kennedy, III, Winston-Salem, for defendants-appellants.


WALKER, Judge.

Defendants present two arguments to this Court on appeal: (1) the trial court erred in failing to exclude Constance Mitchell's affidavit and in denying defendants' motion for summary judgment; and (2) the trial court erred in failing to grant defendants' motion for a directed verdict.

Defendants first contend that plaintiff admitted in her deposition that prior to 1987 her use of the roadway had not been hostile or adverse and that she never...

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