TIMMONS-GOODSON, Judge.
This action arises out of a road rage incident occurring on 15 July 1998 between William Donald Britt ("plaintiff") and George Douglas Hayes ("defendant") on U.S. Highway 701 in Tabor City, North Carolina. In his complaint for personal injuries and property damage filed 4 January 1999, plaintiff alleges that he was traveling behind defendant in the northbound lane of the highway when defendant "suddenly and without warning began backing up...
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