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FORTSON v. McCLELLAN

No. COA98-158.

508 S.E.2d 549 (1998)

Anne M. FORTSON, Plaintiff-Appellant, v. Ross McCLELLAN, Defendant-Appellee.

Court of Appeals of North Carolina.

December 15, 1998.

Attorney(s) appearing for the Case

Conner, Bunn, Rogerson & Woodard, P.L.L.C., by James F. Rogerson and Elizabeth B. McKinney, Wilson, for plaintiff-appellant.

Barber & Associates, P.A., by Timothy C. Barber and James T. Johnson, Greenville, for defendant-appellee.

JOHN C. MARTIN, Judge.

In November of 1994, plaintiff enrolled in a two day motorcycle safety program conducted at Lenoir Community College; defendant was the instructor for the program. As a condition of receiving instruction, plaintiff was required to sign a waiver form stating that she

[h]ereby releases, waives, discharges, and covenants not to sue the North Carolina Motorcycle Safety Program ... the promoters,

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