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TRIVETTE v. STATE FARM MUT. AUTO. INS. CO.

No. COA03-986.

596 S.E.2d 448 (2004)

Jeffrey Paul TRIVETTE, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

Court of Appeals of North Carolina.

June 1, 2004.

Attorney(s) appearing for the Case

Lewis & Daggett, Attorneys at Law, P.A., by Michael P. Williams, Winston-Salem, for plaintiff-appellant.

Kent L. Hamrick, Winston-Salem, for defendant-appellee.

TYSON, Judge.

Jeffrey Paul Trivette ("plaintiff") appeals from a judgment granting summary judgment for State Farm Mutual Automobile Insurance Company ("defendant") and denying plaintiff's motion for summary judgment. We affirm.

I. Background

On 17 August 2000, plaintiff was operating his vehicle and was hit by a 1992 Ford owned by Jose Hernandez ("Hernandez"). At the time of the accident, a policy issued by New South Insurance Company ("New...

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