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TOOLE v. STATE FARM MUT. AUTO. INS. CO.

No. COA96-1324.

488 S.E.2d 833 (1997)

Christy Renee TOOLE, By and Through her Guardian ad Litem Paul B. WELCH, III, and New South Insurance Company, Plaintiffs v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Kathleen H. McCall, Administratrix of the Estate of Robin Jeffrey McCall, Deceased, Kathleen H. McCall, Guardian ad Litem for Ethan F. McCall, a minor, David Whisenant, and Melissa Ann Murphy, Defendants

Court of Appeals of North Carolina.

August 19, 1997.

Attorney(s) appearing for the Case

Cloninger, Barbour & Arcuri, P.A. by Frederick S. Barbour and J. Huntington Wofford, Asheville, for plaintiffs-appellees.

Van Winkle, Buck, Wall, Starnes & Davis, P.A. by Allan R. Tarleton, Asheville, for defendant-appellant State Farm Mutual Automobile Insurance Company.

TIMMONS-GOODSON, Judge.

This declaratory matter arises out of a traffic accident. On 30 April 1994, plaintiff Renee Toole was driving a 1977 Dodge pickup truck to take a friend (defendant Melissa Ann Murphy) home, because her vehicle was not operating properly. Unfortunately, during the trip, the truck driven by plaintiff Toole collided with a 1988 Toyota pickup truck owned and driven by Robin Jeffrey McCall. Mr. McCall...

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