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DWYER v. MARGONO

No. COA97-135.

493 S.E.2d 763 (1997)

Timothy J. DWYER, Administrator of the Estate of Wendy Michele Dwyer, Plaintiff, v. Jonathan MARGONO; P.T. Usaha Sistim Informasi Jaya; IBM World Trade Corporation; International Business Machines Corporation; and Triangle Rent-A-Car, Inc., Defendants.

Court of Appeals of North Carolina.

December 16, 1997.

Attorney(s) appearing for the Case

Robinson & Lawing, L.L.P. by Robert J. Lawing, Jane C. Jackson, and H. Brent Helms, Winston-Salem, for plaintiff-appellant.

Wallace, Creech & Sarda, L.L.P. by John R. Wallace and Sheri L. Roberson; and Teague, Campbell, Dennis & Gorham, L.L.P. by George H. Pender, Raleigh, for defendant-appellee Triangle Rent-A-Car.

WALKER, Judge.

On 11 December 1994, an automobile driven by Joseph Bankston Harvard was struck head-on by a 1995 Nissan Altima driven by Jonathan Margono (Margono) and owned by Triangle Rent-A-Car (Triangle). Wendy Dwyer was a passenger in the Harvard automobile which was traveling west on Interstate 40, while Margono was traveling east. The weather conditions were extremely hazardous at the time due to heavy rain and gusty winds.

Minutes before the accident...

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