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DAVIS v. J.M.X., INC.

No. COA99-332.

528 S.E.2d 56 (2000)

L'Tanya D. DAVIS, Executrix of Estate of Kenneth A. Davis, Plaintiff, v. J.M.X., INCORPORATED, and Esau Roosevelt Dixon, Defendants-Appellants, v. Antoinette Padilla Toler, Rea Construction Company, Protection Services, Inc., and State of North Carolina, ex rel. NCDOT, Third-Party Defendants-Appellees. L'Tanya Durante Davis, Plaintiff, v. J.M.X., Incorporated, and Esau Roosevelt Dixon, Defendants-Appellants, v. Antoinette Padilla Toler, Rea Construction Company, Protection Services, Inc., and State of North Carolina, ex rel. NCDOT, Third-Party Defendants-Appellees. E. Ann Christian, as Guardian Ad Litem for Leonard Aaron Davis, II, Plaintiff, v. J.M.X., Incorporated, and Esau Roosevelt Dixon, Defendants-Appellants, v. Antoinette Padilla Toler, Rea Construction Company, Protection Services, Inc., and State of North Carolina, ex rel. NCDOT, Third-Party Defendants-Appellees. Roberta E. Johnson, as Administratrix of the Estate of Thelma P. Bitting, Plaintiff, v. J.M.X., Incorporated, and Esau Roosevelt Dixon, Defendants-Appellants, v. Antoinette Padilla Toler, Rea Construction Company, Protection Services, Inc., and State of North Carolina, ex rel. NCDOT, Third-Party Defendants-Appellees.

Court of Appeals of North Carolina.

April 4, 2000.

Attorney(s) appearing for the Case

McDaniel, Anderson & Stephenson, L.L.P., by William E. Anderson and John M. Kirby, Raleigh, for defendants-appellants J.M.X., Incorporated and Esau R. Dixon.

Yates, McLamb & Weyer, L.L.P., by Rodney E. Pettey, Raleigh, for third-party defendant-appellee Rea Construction Company; and Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., by James D. Blount, Jr. and Deanna L. Davis, Raleigh, for third-party defendant-appellee Protection Services, Inc.

WALKER, Judge.

On 23 August 1996, a multi-vehicle accident occurred in a construction zone on I-85 North in Durham County, prior to the Glenn School Road overpass. Plaintiffs initiated four civil actions against third-party plaintiffs J.M.X., Incorporated (J.M.X.) and Esau Roosevelt Dixon (Dixon), alleging that Dixon, an employee of J.M.X., was negligent in operating a tractor trailer owned by J.M.X. Plaintiffs alleged that Dixon negligently drove the tractor trailer...

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