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BENTON v. THOMERSON

No. 9212SC1069.

438 S.E.2d 434 (1994)

Benny BENTON, Plaintiff, v. Hugh Clifton THOMERSON, Jr., Defendant and Third-Party Plaintiff, v. Claude E. McCLAIN, Third-Party Defendant.

Court of Appeals of North Carolina.

January 18, 1994.

Attorney(s) appearing for the Case

Hedrick, Eatman, Gardner & Kincheloe by R. Gregory Lewis, Charlotte, for defendant and third-party plaintiff.

Rose, Ray, Winfrey & O'Connor, P.A. by Ronald E. Winfrey, Fayetteville, for third-party defendant.

LEWIS, Judge.

The facts giving rise to this appeal reveal that on 31 December 1988, a pick-up truck driven by Hugh Clifton Thomerson, Jr. ("plaintiff") collided with another pick-up truck driven by Claude E. McClain ("defendant"). At the time of the accident, Benny Benton ("Benton") was a passenger in defendant's vehicle and suffered injuries as a result of the accident. On 6 April 1990, Benton initiated an action against plaintiff, claiming that plaintiff had operated...

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