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JOHNS v. AUTOMOBILE CLUB INS. CO.

No. 9428SC475.

455 S.E.2d 466 (1995)

118 N.C. App. 424

Mary Ellen JOHNS and James M. Baley, III, Ancillary Administrator of the Estate of Jesse Thomas Johns, Plaintiffs/Appellees, v. AUTOMOBILE CLUB INSURANCE COMPANY and Allstate Insurance Company, Defendants/Appellants.

Court of Appeals of North Carolina.

April 4, 1995.

Attorney(s) appearing for the Case

Gudger and Gudger by Lamar Gudger, Asheville, and James H. Toms & Associates, P.A. by James H. Toms and Christopher A. Bomba, Henderson, for plaintiffs/appellees.

Hedrick, Eatman, Gardner & Kincheloe by Lisa C. Bell, Charlotte, for defendants/appellants Auto. Club Ins. Co., et al.

Ball, Barden, Contrivo & Bell, P.A. by Frank J. Contrivo and Cynthia C. Harbin, Asheville, for defendant/appellant Allstate.

JOHNSON, Judge.

On 6 March 1992, plaintiff Mary Ellen Johns was a passenger in the left rear seat of a 1989 Ford Tempo passenger vehicle owned and driven by her son, Jerry C. Johns. Plaintiff Mary Ellen Johns' other son, Jesse T. Johns, rode in the right rear seat. At 5:50 p.m. on that rainy day, while traveling east on Interstate 26 in Buncombe County, North Carolina, Jerry C. Johns lost control of his vehicle on the wet pavement, crossed the median, and collided...

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