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BOB KILLIAN TIRE v. DAY ENTERPRISES

No. COA98-172.

506 S.E.2d 752 (1998)

BOB KILLIAN TIRE, INC., Plaintiff, v. DAY ENTERPRISES, INC., Defendant.

Court of Appeals of North Carolina.

November 3, 1998.

Attorney(s) appearing for the Case

Lovekin & Associates by Stephen L. Lovekin and D. Shawn Clark, Hickory, for plaintiff-appellant.

Tate, Young, Morphis, Bach & Taylor, L.L.P. by Thomas C. Morphis and Paul E. Culpepper, Hickory, for defendant-appellee.

JOHN C. MARTIN, Judge.

On 3 July 1995, plaintiff filed a complaint naming "Troy Day t/a Day Enterprises" as defendant, and alleging defendant had, in October 1994, negligently excavated its property which was adjacent to plaintiff's property, resulting in damage to plaintiff's land. The summons and a copy of plaintiff's complaint were served on Troy Day who filed an answer denying the allegations of the complaint and moved to dismiss the action pursuant to G.S. &...

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