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BENTON v. THOMERSON

No. 78A94.

453 S.E.2d 161 (1995)

339 N.C. 598

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

Supreme Court of North Carolina.

February 10, 1995.

Attorney(s) appearing for the Case

Hedrick, Eatman, Gardner & Kincheloe by Jack A. Gardner, III and Kimberly M. Quade, Charlotte, for defendant and third-party plaintiff.

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

PER CURIAM.

This action arises out of an automobile accident that occurred when a vehicle driven by Hugh Clifton Thomerson, Jr. collided with a vehicle driven by Claude E. McClain. Benny Benton, a passenger in Thomerson's vehicle, was injured as a result of the accident. On 6 April 1990, Benton filed an action against Thomerson alleging Thomerson was negligent in operating his vehicle. Prior to this action coming on for trial, Thomerson filed a third-party complaint...

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