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RAY v. LEWIS HAULING AND EXCAVATING, INC.

No. COA00-1009.

549 S.E.2d 237 (2001)

Vivian Hall RAY, Plaintiff, v. LEWIS HAULING AND EXCAVATING, INC. and Allen Edward Petty, Defendants.

Court of Appeals of North Carolina.

July 17, 2001.

Attorney(s) appearing for the Case

David R. Cockman, Raleigh, for plaintiff-appellee.

Cranfill, Sumner & Hartzog, LLP, by Edward C. LeCarpentier, III, Raleigh, for defendant-appellants.

TYSON, Judge.

Lewis Hauling and Excavating, Inc. ("Lewis Hauling") and Alan Edward Petty ("Petty") (collectively "defendants") appeal the trial court's denial of their motion for summary judgment. We affirm the trial court's order.

A. Facts

On 15 September 1996, defendant Petty was driving a 1996 Mack dump truck owned by his employer defendant Lewis Hauling. Vivian Hall Ray ("plaintiff") was also driving her car when she and Petty collided...

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