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ROBINSON v. WAL-MART STORES, INC.

No. COA02-930.

580 S.E.2d 426 (2003)

James ROBINSON, Plaintiff v. WAL-MART STORES, INC., Defendant/Third-Party Plaintiff, v. Denzil Wade Wright, individually, Denzil Wade Wright d/b/a Unique Systems, Inc. and Unique Systems, Inc., a North Carolina corporation, Third-Party Defendants.

Court of Appeals of North Carolina.

June 3, 2003.

Attorney(s) appearing for the Case

Doran, Shelby, Pethel and Hudson, P.A. by Michael Doran, Salisbury, for plaintiff-appellant.

Guthrie, Davis, Henderson & Staton, P.L.L.C. by K. Neal Davis and Kimberly R. Matthews, Charlotte, for defendant-appellee/third-party plaintiff.

CALABRIA, Judge.

On 1 February 1997 around 10:00 p.m., James Tyrone Robinson ("plaintiff") and his friend, Joseph Downs ("Downs"), went to a twenty-four-hour Wal-Mart store in Kannapolis to purchase a pair of shoes. The Kannapolis Wal-Mart store contracted floor maintenance services from Denzil Wade Wright d/b/a Unique Systems, Inc. ("Unique Systems"). Unique Systems subcontracted to two other companies: Priority One, owned by Caroline C. Grottalio ("Grottalio") and...

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