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ROADWAY EXP., INC. v. HAYES

No. COA05-1204.

631 S.E.2d 41 (2006)

ROADWAY EXPRESS, INC., Plaintiff, v. Mickey Joe HAYES and Inzone, Inc., d/b/a Inzone, Defendants, v. Candace Sue Horn, Individually and as Administratrix of the Estate of Mark Joseph Horn, Intervening Plaintiff.

Court of Appeals of North Carolina.

June 20, 2006.

Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice by Jack M. Strauch, Winston-Salem, for plaintiff-appellee Roadway Express, Inc.

Teague, Rotenstreich & Stanaland, L.L.P. by Kenneth B. Rotenstreich and Paul A. Daniels, Greensboro, for the defendant-appellant Mickey Joe Hayes.

Brian E. Gates, Winston-Salem, for defendant-appellee Inzone.

Law Offices of Jonathan S. Dills, P.A., by Jonathan S. Dills, Winston-Salem, for intervening plaintiff-appellee Constance Sue Horn.

WYNN, Judge.

The Fifth Amendment provides a shield against self-incrimination. U.S. CONST. amend. V. In this case, Defendant argues that the Fifth Amendment protects him from producing (1) his medical records and (2) factual information regarding medications that he may have been under the influence of at the time of the accident. We uphold the order to produce his medical records but reverse the order compelling him to...

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