NATIONWIDE MUT. INS. CO. v. MABE

No. 312 PA 94.

467 S.E.2d 34 (1996)

342 N.C. 482

NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff, v. Brenda Kay MABE, et al, Defendants. Jesse Willard SCOTT, Jr., Individually, as the Parent of Lucinda Sue Scott, and as the Administrator of the Estate of Carolyn Mabe Scott, and Lucinda Sue Scott, by her Guardian ad Litem, Anne Connolly, Third-Party Plaintiffs v. NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, Third-Party Defendant. Brenda Kay MABE, Roger Lee Mabe, Kimberly Hope Mabe, a minor b/h/g/a/l S. Mark Rabil and Heather Dora Mabe, a minor b/h/g/a/l Gregory W. Schiro, Plaintiffs, v. Robert Leonard GREGORY, and Mary Elizabeth Wilson, Defendants. Jesse Willard SCOTT, Jr., Individually as the parent of Lucinda Sue Scott and as the Administrator of the Estate of Carolyn Mabe Scott, and Lucinda Sue Scott, b/h/g/a/l Anne Connolly, Plaintiffs v. Robert Leonard GREGORY, Mary Elizabeth Wilson, and Jody Ray Bullins, Defendants.

Supreme Court of North Carolina.

Rehearing Denied May 1, 1996.


Attorney(s) appearing for the Case

Petree Stockton by James H. Kelly, Jr., and Edwin W. Bowden, Winston-Salem, for plaintiff-appellee Nationwide Mutual Insurance Company.

Metcalf, Vrsecky & Beal by Anthony J. Vrsecky, Winston-Salem, for defendant-appellants Brenda Kay Mabe, Roger Lee Mabe, Kimberly Hope Mabe, and Heather Dora Mabe.

Theodore M. Molitoris, Winston-Salem, for defendant and third-party plaintiff-appellant/appellee Lucinda Sue Scott by her Guardian ad Litem, Anne Connolly; and John E. Gehring, Walnut Cove, for defendant and third-party plaintiff-appellant/appellee Jesse Willard Scott, Jr., as the Administrator of the Estate of Carolyn Mabe Scott.

Pinto, Coates & Kyre, L.L.P. by Paul D. Coates and David L. Brown, Greensboro, for defendant-appellant North Carolina Farm Bureau Mutual Insurance Company.


ORR, Justice.

On 16 February 1990, Lucinda Sue Scott, Brenda Kay Mabe, Kimberly Hope Mabe, and Heather Dora Mabe were passengers in a vehicle driven by Carolyn Mabe Scott travelling down North Carolina Highway 89 when their vehicle was struck head-on by a 1989 Toyota truck. As a result of the accident, Carolyn Mabe Scott was killed, and the remaining passengers all suffered extensive injuries. The occupants of the Toyota truck were Robert Leonard Gregory and Jody...

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