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HURLEY v. MILLER

No. 9219SC1289.

440 S.E.2d 286 (1994)

113 N.C. App. 658

Robert L. HURLEY, Individually and as Administrator of the Estate of Barbara Poole Hurley, deceased, Plaintiffs, v. Kevin Wayne MILLER, and Harvey Lee Smith, Jr., and Wife, Kelly Boger Smith, d/b/a HLS Trucking, and HLS Trucking, Inc., Defendants.

Court of Appeals of North Carolina.

March 1, 1994.

Attorney(s) appearing for the Case

Wallace and Whitley by Michael Doran, Salisbury, for plaintiffs-appellants.

Wishart, Norris, Henninger & Pittman, P.A. by Kenneth R. Raynor and June K. Allison, Charlotte, for defendants-appellees.

EAGLES, Judge.

Plaintiffs bring forward two assignments of error. Plaintiffs assign error to the trial court's instructions regarding defendant's negligence and decedent's contributory negligence and assign error to the trial court's refusal to charge the jury on the issue of last clear chance as requested by plaintiffs pursuant to G.S. 1A-1, Rule 51(b). After a careful consideration of the briefs, record, and transcript...

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