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PROVIDENCE WASHINGTON INS. CO. v. LOCKLEAR

No. 9316SC405.

445 S.E.2d 418 (1994)

115 N.C. App. 490

PROVIDENCE WASHINGTON INSURANCE COMPANY v. Mario LOCKLEAR, by his Guardian ad Litem C. Christopher SMITH: Marvin Locklear; and Tarence Dale Hammonds.

Court of Appeals of North Carolina.

July 5, 1994.

Attorney(s) appearing for the Case

Baker & Jones, P.A. by H. Mitchell Baker, III, Lumberton, for defendant-appellants.

Teague, Campbell, Dennis & Gorham by John Wishart Campbell, Lumberton, for plaintiff-appellee.

McCRODDEN, Judge.

The sole issue on this appeal is whether the trial court erred in determining as a matter of law that the injuries suffered by the minor defendant Locklear, when hit by an object intentionally thrown from a moving vehicle, did not arise out of the use of a vehicle.

The parties stipulated to the following facts: On 8 April 1990, Hammonds was riding in the front passenger seat of an automobile being driven by Jamie Hunt (Hunt).

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