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NATIONWIDE MUT. INS. CO. v. WALTERS

No. COA00-281.

541 S.E.2d 773 (2001)

NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff, v. Carolyn WALTERS, Randy Walters, Gene Gouge, Rena Gouge & Shane Gouge, Defendants.

Court of Appeals of North Carolina.

February 6, 2001.

Attorney(s) appearing for the Case

Baucom, Claytor, Benton, Morgan & Wood, P.A., by Rex C. Morgan and Kevin P. Branch, Charlotte, for plaintiff-appellee.

Smith, James, Rowlett & Cohen, Greensboro, L.L.P., by Norman B. Smith; and Wayne W. Martin, Morganton, for defendant-appellants Carolyn Walters and Randy Walters.

Morris, York, Williams, Surles & Barringer, L.L.P., by Paul J. Osowski, Charlotte, for defendant-appellee Shane Gouge.

GREENE, Judge.

Carolyn Walters and Randy Walters (collectively, Defendants) appeal an order filed 10 January 2000, granting summary judgment in favor of Nationwide Mutual Insurance Company (Plaintiff).

The record shows that on 1 February 1996, Defendants were involved in an automobile accident when Defendants' vehicle was struck by a vehicle driven by Shane Gouge (Gouge). Susan Dickens (Dickens) owned the vehicle driven by Gouge, and Dickens was a passenger...

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