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PHILLIPS v. RESTAURANT MANAGEMENT

No. COA00-411.

552 S.E.2d 686 (2001)

Chris T. PHILLIPS, Plaintiff, v. RESTAURANT MANAGEMENT OF CAROLINA, L.P., a Delaware Limited Partnership, Taco Bell Corp., a California Corporation, and Jason Paul Jones, Defendants.

Court of Appeals of North Carolina.

September 18, 2001.

Attorney(s) appearing for the Case

Long, Parker, Warren & Jones, P.A., by Steve Warren, Asheville, for plaintiff-appellant.

Smith Helms Mulliss & Moore, L.L.P., by Robert R. Marcus, Greensboro, for defendants-appellees.

WYNN, Judge.

While on duty for the North Carolina Highway Patrol, Trooper Chris T. Phillips stopped to order food from the drive-through window of a Taco Bell restaurant in Black Mountain, North Carolina. Restaurant Management of Carolina, L.P. owned and operated the restaurant under a franchise agreement with Taco Bell Corp. Apparently recognizing that the trooper had ordered food, an employee of the restaurant, Jason Paul Jones, spat in the trooper's food before...

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