NATIONWIDE MUT. INS. v. MABE

No. 9317SC40.

444 S.E.2d 664 (1994)

115 N.C. App. 193

NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff, v. Brenda Kay MABE, et al., Defendants. Jesse Willard SCOTT, Jr., Individually, as the Parent of Lucinda Sue Scott, and as the Administrator of the Estate of Carolyn Mabe Scott, and Lucinda Sue Scott, by her Guardian ad litem, Anne Connolly, Third-Party Plaintiffs, v. NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, Third-Party Defendant. Brenda Kay MABE, Roger Lee Mabe, Kimberly Hope Mabe, a minor b/h/g/a/l S. Mark Rabil and Heather Dora Mabe, a minor b/h/g/a/l Gregory W. Schiro, Plaintiffs, v. Robert Leonard GREGORY, and Mary Elizabeth Wilson, Defendants. Jesse Willard SCOTT, Jr., Individually as the parent of Lucinda Sue Scott and as the Administrator of the Estate of Carolyn Mabe Scott, and Lucinda Sue Scott, b/h/g/a/l Anne Connolly, Plaintiffs v. Robert Leonard GREGORY, Mary Elizabeth Wilson, and Jody Ray Bullins, Defendants.

Court of Appeals of North Carolina.

June 21, 1994.


Attorney(s) appearing for the Case

Petree Stockton by James H. Kelly, Jr. and Edwin W. Bowden, Winston-Salem, for plaintiff—Nationwide.

Theodore M. Molitoris, Winston-Salem, for defendants and third-party plaintiffs—Jesse Willard Scott, Jr., Individually and as the Parent of Lucinda Sue Scott and for Lucinda Sue Scott.

John E. Gehring, Walnut Grove, for defendant and third-party plaintiff—Jesse Willard Scott, Jr., as the Administrator of the Estate of Carolyn Mabe Scott.

Metcalf, Vrsecky & Beal by Anthony J. Vrsecky, Walnut Grove, for defendants— Brenda Kay Mabe, Roger Lee Mabe, Kimberly Hope Mabe and Heather Dora Mabe.

Nichols, Caffrey, Hill, Evans & Murrelle by Paul D. Coates and David L. Brown, Greensboro, for defendant—North Carolina Farm Bureau Mut. Ins. Co.


LEWIS, Judge.

The facts of this case arise out of an automobile accident, but due to the numerous parties and issues involved, its resolution has become more than complex. On 16 February 1990, Lucinda Sue Scott, Brenda Kay Mabe, Kimberly Hope Mabe, and Heather Dora Mabe were all passengers in a vehicle operated by Carolyn Mabe Scott traveling along North Carolina Highway 89 when it was struck head-on by a 1989 Toyota truck. As a result of the accident, Carolyn Mabe...

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