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FULCHER BY WALL v. WILLARD'S CAB CO.

No. COA98-282.

511 S.E.2d 9 (1999)

Richard Dean FULCHER, by his guardian ad litem Barbara WALL, and Mr. and Mrs. R.H. Wall, parents of the deceased employee Richard Wall, Plaintiffs, v. WILLARD'S CAB COMPANY, Noninsured, Employer, Defendant.

Court of Appeals of North Carolina.

January 19, 1999.

Attorney(s) appearing for the Case

Parrish, Newton & Rabil, LLP, by Daniel R. Johnston and Carl F. Parrish, Winston-Salem, for plaintiff-appellee Richard Dean Fulcher.

Davis and Hamrick, L.L.P., by Shannon L. Warf, L. Kathryn Slocumb, and H. Lee Davis, Jr., Winston-Salem, for defendant-appellant.

LEWIS, Judge.

Defendant Willard's Cab Company has a franchise from the City of Winston-Salem to operate a taxicab business. It owns a number of vehicles equipped for use as taxicabs. On 26 October 1994, defendant and Byron Richard Wall entered into a contract in which defendant was designated as "lessor" and Wall was designated as "lessee." Defendant agreed to rent a taxicab in good condition to Wall, to provide liability insurance on the taxicab, and to maintain...

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