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ANDERSEN v. BACCUS

No. 111PA93.

439 S.E.2d 136 (1994)

335 N.C. 526

James J. ANDERSEN, Jr., Individually and as Administrator of the Estate of Saundra L. Andersen, Deceased, and the Estate of John Laurits Andersen, Deceased v. Marilyn Combs BACCUS, Murray Elton Baccus, and an Unknown Person.

Supreme Court of North Carolina.

January 28, 1994.

Attorney(s) appearing for the Case

D. Keith Teague, P.A. by D. Keith Teague, Elizabeth City, for plaintiff-appellant Andersen.

Baker, Jenkins, Jones & Daly, P.A. by Robert C. Jenkins and Roger A. Askew, Ahoskie, for defendants-appellants Marilyn Combs Baccus and Murray Elton Baccus.

Hornthal, Riley, Ellis & Maland by L.P. Hornthal, Jr. and John D. Leidy, Elizabeth City, for defendant-appellant State Farm Mutual Automobile Insurance Company.

PARKER, Justice.

This case arose out of a collision on 5 February 1988 between an automobile driven by defendant Marilyn Combs Baccus and an automobile driven by Saundra L. Andersen, wife of plaintiff James J. Andersen, Jr. The collision occurred when defendant Marilyn Baccus swerved to avoid colliding with a third automobile, a Ford station wagon driven by an unknown person. The third automobile did not stop at the scene and the driver has never been identified....

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