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KEMP v. SPIVEY

No. COA03-1022.

602 S.E.2d 686 (2004)

Lillie Freeman KEMP, Plaintiff, v. Kristy Gayle SPIVEY and Tabor City Rescue Squad, Defendants.

Court of Appeals of North Carolina.

October 5, 2004.

Attorney(s) appearing for the Case

Hill & High, L.L.P., by John Alan High, Whiteville, for plaintiff-appellant.

Barnes, Braswell & Haithcock, P.A., by Glenn A. Barfield, Goldsboro, for defendant-appellees.

BRYANT, Judge.

Lillie Freeman Kemp (plaintiff) appeals an order filed 19 March 2003 granting Kristy Gayle Spivey and Tabor City Rescue Squad's (defendants') joint motion to dismiss the complaint based on a violation of N.C. Gen.Stat. § 1A-1, Rule 13(a) (compulsory counterclaim).

On 14 January 1999, Kemp and Spivey were involved in an automobile accident. At the time of the collision, Kemp, a school bus driver, was operating a school bus with students...

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