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GIBBY v. LINDSEY

No. COA01-173.

560 S.E.2d 589 (2002)

Nancy GIBBY, Individually, Russell Gibby, Individually, and as Executor of the Estate of Joshua J. Gibby, Plaintiffs, v. Aaron LINDSEY, Jason Huskey, and Josh McHan, Defendants.

Court of Appeals of North Carolina.

March 19, 2002.

Attorney(s) appearing for the Case

Brown & Moore, P.A., by James H. Moore, Jr., Waynesville, for plaintiff-appellees.

Van Winkle, Buck, Wall, Starnes and Davis, P.A., by Carolyn Clark, Asheville, for defendant-appellants.

GREENE, Judge.

Aaron Lindsey (Defendant) appeals an order filed 15 September 2000 denying his motion to set aside a default judgment against him in the amount of $3,000,000.00.

On 28 July 1999, Russell Gibby, individually and as the executor of the estate of Joshua J. Gibby (Joshua), and Nancy Gibby (collectively Plaintiffs) filed a complaint for the recovery of damages for the wrongful death of their son Joshua. On 26 August

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