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NATIONWIDE MUT. INS. CO. v. BAER

No. 9312SC210.

439 S.E.2d 202 (1994)

NATIONWIDE MUTUAL INSURANCE COMPANY and Mark Anthony Phillips, Plaintiffs, v. Ervin I. BAER, Administrator of the Estate of Marvin D. Cannon, Jr., deceased; Calvin Sutton; Marlene Williams, Individually and as Administratrix of the Estate of Jarred Latiff Robinson, deceased; Universal Insurance Company and Integon General Insurance Corp., Defendants.

Court of Appeals of North Carolina.

February 1, 1994.

Attorney(s) appearing for the Case

Russ, Worth, Cheatwood & Guthrie by Philip H. Cheatwood, Fayetteville, for plaintiffs-appellees.

Whitley, Coley & Wooten by Everette L. Wooten, Jr., Kinston, for defendants Calvin Sutton and Marlene Williams.

LEWIS, Judge.

The facts of this appeal arise out of a single vehicle accident in which Marvin Cannon ("Cannon") and Jarred Robinson ("Robinson") were killed. The facts leading to this accident reveal that Mark Anthony Phillips ("Phillips") was the owner of a 1976 Ford pickup truck which he used in his farming operations. Robinson, Cannon and David Holton ("Holton") were all employed by Phillips to put in tobacco. On 23 July 1990, at approximately noon, Phillips instructed...

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