N.C. FARM BUREAU MUT. INS. CO. v. BRILEY

No. COA95-1427.

491 S.E.2d 656 (1997)

NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, Plaintiff, v. Gerald Wayne BRILEY, Joan S. Briley, Joe Quinerly, Linda Quinerly, Wallace E. Beddard, Sr., and Donna H. Beddard, Defendants.

Court of Appeals of North Carolina.

October 7, 1997.


Attorney(s) appearing for the Case

Baker, Jenkins, Jones & Daly, P.A. by Ronald G. Baker and Kevin N. Lewis, Ahoskie, for plaintiff-appellant.

Ward and Smith, P.A. by Ryal W. Tayloe, Wilmington, A. Charles Ellis and Frank A. Cassiano, Jr., Greenville, for defendants-appellees Wallace E. Beddard, Sr. and Donna H. Beddard.

Gaylord, McNally, Strickland & Snyder, L.L.P. by Danny D. McNally, Greenville, for defendants-appellees Gerald Wayne Briley and Joan S. Briley.

James M. Stanley, Jr., Greenville, for defendants-appellees Joe and Linda Quinerly (no brief filed).


JOHN, Judge.

Plaintiff appeals the trial court's grant of summary judgment to defendants and denial of its like motion. We affirm.

Relevant background information is essentially undisputed and is as follows: On 11 October 1991, defendant Wallace E. Beddard Sr. (Beddard) was assisting defendant Gerald Wayne Briley (Briley) with tree trimming at the home of defendants Joe and Linda Quinerly (the Quinerlys) when Beddard was struck by a tree limb which Briley...

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