FOX-KIRK v. HANNON

No. COA99-1168.

542 S.E.2d 346 (2001)

Susan FOX-KIRK, Guardian Ad Litem for Whitney P. Kirk (Minor), Susan Fox-Kirk, Individually, and Mark Chandler Kirk, Individually, v. William Ray HANNON, Brad Ragan, Inc., d/b/a Carolina Tire Company.

Court of Appeals of North Carolina.

February 20, 2001.


Attorney(s) appearing for the Case

Poe, Hoof & Reinhardt, by G. Jona Poe, Jr., and J. Bruce Hoof, Durham, for plaintiffs.

Yates, McLamb & Weyher, L.L.P., by Kirk G. Warner, Gwenda L. Laws, and Michael J. Byrne, Raleigh, for defendants.


MARTIN, Judge.

On 22 July 1995, defendant Hannon backed out of a driveway and hit the rear passenger side of plaintiffs' vehicle, which was traveling south on U.S. Hwy. 701. At the time of the accident, defendant Hannon was acting within the course and scope of his employment with defendant Brad Ragan, Inc. [hereinafter defendant Ragan]. The impact caused plaintiffs' vehicle to overturn. Plaintiff Whitney Kirk, a minor, was seated in her car seat near the point of...

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