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McMAHAN v. BUMGARNER

No. COA94-769.

457 S.E.2d 762 (1995)

119 N.C. App. 235

James Kenneth McMAHAN, Plaintiff, v. Darrell Hendricks BUMGARNER, Defendant.

Court of Appeals of North Carolina.

June 6, 1995.

Attorney(s) appearing for the Case

John P. Barringer, Charlotte, for plaintiff-appellant.

Golding, Meekins, Holden, Cosper & Stiles by Deborah G. Casey, Charlotte, for defendant-appellee.

WALKER, Judge.

Plaintiff sued defendant for negligently causing damage to his vehicle as a result of an accident on 18 April 1992 at the intersection of Fairview Road and Valencia Terrace in Charlotte. Defendant filed an answer and counterclaim which alleged that plaintiff was contributorily negligent and that plaintiff negligently caused damage to defendant's vehicle. Thereafter, plaintiff amended his counterclaim to allege that defendant had the last clear chance...

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