EAGLES, Chief Judge.
This case presents the question of whether the plaintiff has an action for negligence.
The underlying case arose out of a confrontation on U.S. Highway 701 in Tabor City, North Carolina. Plaintiff alleges that he was traveling north on 701 when defendant "suddenly and without warning began backing up in the north bound lane colliding forcibly with the vehicle which the Plaintiff was driving and causing the injuries of which Plaintiff complains...
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