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MARTIN v. BENSON

No. COA95-1417.

481 S.E.2d 292 (1997)

Jannett J. MARTIN and Richard W. Martin, Plaintiffs v. John Michael BENSON and Industrial Electric, Inc., Defendants.

Court of Appeals of North Carolina.

February 18, 1997.

Attorney(s) appearing for the Case

Frazier, Frazier & Mahler, L.L.P. by Torin L. Fury, Greensboro, for defendant-appellees.

Mary K. Nicholson, Greensboro; and Joseph A. Williams, Greensboro, for plaintiff-appellants.

WALKER, Judge.

On 28 November 1990, plaintiff, Jannett Martin, was operating a motor vehicle when the truck operated by defendant, John Benson, crossed the median and collided with plaintiff. The truck was owned by defendant, Industrial Electric, Inc. Defendant's negligence was stipulated and the jury awarded plaintiff damages in the amount of $50,000.00.

Plaintiff's evidence established that prior to the accident...

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