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MYERS v. McGRADY

No. 391A04-2.

628 S.E.2d 761 (2006)

360 N.C. 460

Gail M. MYERS, Ancillary Administratrix of the Estate of Darryl Myers, Plaintiff v. Shirley McGRADY, Thomas W. Higgins, Michael P. Murphy, James F. Foust, William A. Spencer, Jr., and Verian Ladson, Successor Representative for the Estate of J.C. Myers, Jr., Defendants, and Shirley McGrady, Thomas W. Higgins, James F. Foust, William A. Spencer, Jr., and Verian Ladson, Successor Representative for the Estate of J.C. Myers, Jr., Third-Party Plaintiffs v. North Carolina Division of Forest Resources, a Division of the North Carolina Department of Environment and Natural Resources, Third-Party Defendants.

Supreme Court of North Carolina.

May 5, 2006.

Attorney(s) appearing for the Case

Twiggs, Beskind, Strickland & Rabenau, P.A., by Jerome P. Trehy, Jr., Raleigh, for plaintiff-appellee.

Kennedy Covington Lobdell & Hickman, L.L.P., by F. Fincher Jarrell, Charlotte, for defendant/third-party plaintiff-appellees James F. Foust and William A. Spencer, Jr.

Law Offices of Douglas F. DeBank, by Douglas F. DeBank, Durham, for defendant/third-party plaintiff-appellee Verian Ladson.

Roy Cooper, Attorney General, by Christopher G. Browning, Jr., Solicitor General, Robert T. Hargett and Amar Majmundar, Special Deputy Attorneys General, and Laura J. Gendy, Assistant Attorney General, for third-party defendant-appellants.

WAINWRIGHT, Justice.

This negligence action arises from a four-vehicle collision on Interstate Highway 95 (I-95) in Northampton County, North Carolina. At the time of the collision on 9 June 2002, thick smoke from a nearby forest fire combined with fog to obscure the southbound lanes of I-95. Two individuals, Darryl Myers and J.C. Myers, were killed in the collision.

Plaintiff Gail Myers is the administratrix of...

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