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MILLER EX REL. BAILEY v. PIEDMONT STEAM

No. COA99-440.

528 S.E.2d 923 (2000)

Derrick MILLER, Jr., by his Guardian ad Litem, Allen BAILEY; Charma Miller; and Derrick Miller, Sr., Plaintiffs, v. PIEDMONT STEAM COMPANY, INC., d/b/a Stanley Steemer; Stanley Steemer International, Inc.; and John Steven Spero, Defendants.

Court of Appeals of North Carolina.

April 18, 2000.

Attorney(s) appearing for the Case

Twiggs, Abrams, Strickland, & Trehy, P.A., by Donald R. Strickland and Karen M. Rabenau, Raleigh, for plaintiffs-appellants.

Cranfill, Sumner, & Hartzog, L.L.P., by Stephanie Hutchins Autry, Raleigh, and Samuel H. Poole, Jr., Charlotte, for defendant-appellee.

TIMMONS-GOODSON, Judge.

D.J. Miller ("D.J."), a six year-old pedestrian, suffered severe brain injury when struck by a van as he attempted to cross Archdale Drive in Charlotte, North Carolina. The van was owned by Piedmont Steam Company, Inc., d/b/a Stanley Steemer ("Piedmont"), and was driven by John Steven Spero ("Spero"), an employee of Piedmont.

Piedmont became a franchisee of Stanley Steemer International, Inc. ("Steemer") in 1977. The twenty-one page...

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