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SULLIVAN v. BRIGHT

No. COA97-73.

497 S.E.2d 118 (1998)

Lester Wayne SULLIVAN, Jr., Plaintiff, v. Annie Maude BRIGHT, Defendant.

Court of Appeals of North Carolina.

March 17, 1998.

Attorney(s) appearing for the Case

Braxton H. Bell, CPCU by Braxton H. Bell, Rocky Mount, and Mario E. Perez, Greenville, for plaintiff-appellant.

Harris, Shields, Creech and Ward, P.A. by Robert S. Shields, Jr. and Charles E. Simpson, Jr., New Bern, for unnamed defendant-appellee North Carolina Farm Bureau Mutual Insurance Company.

Herrin & Morano by Mickey A. Herrin, Greenville, for unnamed defendant-appellee Nationwide Mutual Insurance Company.

TIMMONS-GOODSON, Judge.

Plaintiff Lester Wayne Sullivan, Jr., appeals from an order to stay and prohibit arbitration, on the ground that the trial court erred in concluding that he had impliedly waived the right to arbitrate. The relevant facts are as follows: On 20 September 1993, plaintiff filed a personal injury action against defendant Annie Maude Bright arising out of an automobile accident that occurred on 1 November 1990. Plaintiff served Integon Insurance...

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