PINCKNEY v. BAKER

No. COA97-87.

504 S.E.2d 99 (1998)

Robin Walden PINCKNEY, Plaintiff, v. Joseph C. BAKER, Defendant/Third-Party Plaintiff, v. Kimi Ann LUCES, Third-Party Defendant/Counter-Plaintiff.

Court of Appeals of North Carolina.

September 1, 1998.


Attorney(s) appearing for the Case

Donaldson & Black, P.A. by Arthur J. Donaldson and Angela Bullard-Gram, Greensboro, for plaintiff-appellant.

Gregory A. Wendling, Greensboro, for third-party defendant/counter plaintiff-appellant.

Teague, Rotenstreich & Stanaland, L.L.P., by Kenneth B. Rotenstreich and Ian J. Drake, Greensboro, for defendant/third-party plaintiff-appellee.


JOHN, Judge.

Plaintiff Robin Walden Pinckney (Pinckney) and third-party defendant/counter plaintiff Kimi Ann Luces (Luces) appeal the trial court's judgment dismissing the claims of each against defendant/third party plaintiff Joseph Cline Baker (Baker). Pinckney and Luces maintain the court committed reversible error, inter alia, by instructing the jury on the doctrine of sudden emergency. We find merit in this contention and award a new trial.

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