PARKER v. ERIXON

No. COA95-33.

473 S.E.2d 421 (1996)

James M. PARKER and Wife, Patsy Parker, Plaintiffs, v. Harold A. ERIXON and, Chemical Leaman Tank Lines, Inc., Defendants.

Court of Appeals of North Carolina.

August 6, 1996.


Attorney(s) appearing for the Case

Mason and Boney by William Joseph Boney, Jr., Wilmington, for plaintiffs-appellees.

Johnson and Lambeth by John G. Tillery, III and Robert White Johnson, Wilmington, for defendants-appellants.


McGEE, Judge.

The parties stipulated to the following facts. On 18 December 1991, defendant Harold A. Erixon (Erixon) was the owner and operator of a 1990 White GMC highway tractor which he had leased, by an independent contractor service agreement, to defendant Chemical Leaman Tank Lines, Inc. (Chemical Leaman). The tractor bore an Interstate Commerce Commission (I.C.C.) identification code registered to Chemical Leaman. The contract between the lessee Chemical Leaman...

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