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DAVIS v. KELLY

No. COA00-1360.

554 S.E.2d 402 (2001)

Eddie C. DAVIS, Plaintiff-Appellee, v. Carrie Brooks KELLY, Defendant-Appellant.

Court of Appeals of North Carolina.

November 6, 2001.

Attorney(s) appearing for the Case

Downer, Walters & Mitchener, P.A., by Stephen W. Kearney and Joseph H. Downer, Charlotte, for plaintiff-appellee.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P., by Allen C. Smith and Dana M. Mango, Charlotte, for defendant-appellant.

MARTIN, Judge.

Plaintiff was allegedly injured when he was involved in an automobile collision with defendant on 29 June 1996. Defendant offered to settle plaintiff's claim for $500. Plaintiff rejected this offer and made a counteroffer of $1,400. No settlement was reached and plaintiff filed this action on 7 May 1999 seeking damages for his alleged injuries. Defendant filed an answer, denying that she was negligent and asserting contributory negligence as an affirmative...

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