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NOBLES v. TALLEY

No. COA99-631.

532 S.E.2d 549 (2000)

Billy Ray NOBLES and Carolyn Nobles, Plaintiffs, v. Wayne E. TALLEY, Defendant. CSX Transportation, Inc., Defendant and Third Party-Plaintiff, v. D & T Limousine Service, Inc., Third Party-Defendant.

Court of Appeals of North Carolina.

July 18, 2000.

Attorney(s) appearing for the Case

Lucas Bryant & Denning, by Robert W. Bryant, Jr., Selma, Burge & Wettermark, P.C., by Frank O. Burge, Jr., Birmingham, AL, and Edward L. Bleynat, Jr., Asheville, for plaintiff-appellants.

Bode, Call & Stroupe, L.L.P., by Odes L. Stroupe, Jr., and James N. Jorgensen, Raleigh, for defendant-appellee CSX Transportation, Inc.

EDMUNDS, Judge.

Plaintiffs Billy Ray and Carolyn Nobles appeal the trial court's grant of defendant CSX Transportation, Inc.'s (CSX) motion for summary judgment on all of plaintiffs' negligence claims. We affirm in part and reverse in part.

Plaintiff Billy Ray Nobles (Nobles) was an employee of defendant CSX, an interstate railroad carrier. On 10 June 1994, Nobles was part of a crew being driven in a van owned and...

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