JACKSON v. HOWELL'S MOTOR FREIGHT, INC.

No. COA96-908.

485 S.E.2d 895 (1997)

Luby Ray JACKSON and wife, Sandra Jackson, Plaintiffs, v. HOWELL'S MOTOR FREIGHT, INC., Defendant, v. Michael Anthony GIBBS, Third Party Defendant.

Court of Appeals of North Carolina.

June 17, 1997.


Attorney(s) appearing for the Case

Maupin Taylor Ellis & Adams, P.A. by Thomas W.H. Alexander and Kurt L. Dixon, Raleigh, for defendant-appellant Howell's Motor Freight, Inc.

Robert C. Cogswell, Jr., Fayetteville, for appellee City of Fayetteville.

Walker, Barwick, Clark & Allen, L.L.P. by Jerry A. Allen, Jr., Goldsboro, for defendant-appellee Michael Anthony Gibbs.


WYNN, Judge.

On 2 March 1994, third-party defendant Michael Anthony Gibbs fell asleep at the wheel of his vehicle and ran off the road colliding with a utility pole. The impact of the collision cracked the pole and caused it to fall into the street leaving the wire attached to the damaged pole hanging over the street where it connected with an undamaged pole on the other side.

When Fayetteville police and firemen, including plaintiff policeman Luby Ray Jackson...

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