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THOMPSON v. THREE GUYS FURNITURE CO.

No. COA95-444.

469 S.E.2d 583 (1996)

122 N.C. App. 340

Evelena Morrison THOMPSON, Administratrix of the Estate of Frederick Thompson, deceased, Plaintiff, v. The THREE GUYS FURNITURE COMPANY, Charles Hilliard Greene, d/b/a The Three Guys Furniture Company and/or Franklin Place, Charles Hilliard Greene, individually and Terry Paul Ray, Defendants.

Court of Appeals of North Carolina.

May 7, 1996.

Attorney(s) appearing for the Case

Ferguson, Stein, Wallas, Adkins, Gresham and Sumter by James E. Ferguson, Noell P. Tin, and Anita Hodgkiss, Charlotte, for plaintiff-appellant.

Petree Stockton, L.L.P. by David B. Hamilton and Anne E. Essaye, Charlotte, for defendants-appellees.

JOHN C. MARTIN, Judge.

Plaintiff assigns error to the trial court's order granting summary judgment, contending there are genuine issues of material fact with respect to her claims that defendants Greene and TGF are liable (1) vicariously for Ray's negligence, (2) for their own negligent entrustment of the truck to Ray, and (3) for their own negligence per se in violating G.S. § 20-34. We agree with plaintiff's argument as to her claims based on agency...

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