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KESSLER v. SHIMP

No. COA06-736.

640 S.E.2d 822 (2007)

Suzanne Paige KESSLER, Plaintiff, v. David Scott SHIMP, Graduate Lake Norman, Inc., Charlotte Restaurant Creations, LLC, Firefly Five, Inc., and Michael Terrence Leon Laschinski, Defendants, and Erie Insurance Exchange, Unnamed Defendant.

Court of Appeals of North Carolina.

February 20, 2007.

Attorney(s) appearing for the Case

Katherine Freeman and Klein & Freeman, PLLC, by Paul I. Klein, Charlotte, for plaintiff-appellant.

No brief filed for defendants-appellees David Scott Shimp, Graduate Lake Norman, Inc., Charlotte Restaurant Creations, LLC, Firefly Five, Inc., and Michael Terrence Leon Laschinski.

Dean & Gibson L.L.P., by Thomas G. Nance, Charlotte, for unnamed defendant-appellee.

TYSON, Judge.

Suzanne Paige Kessler ("plaintiff") appeals from order entered granting summary judgment in favor of unnamed defendant Erie Insurance Exchange ("defendant") and denying plaintiff's motion for summary judgment. We affirm.

I. Background

On 4 April 2004, plaintiff suffered severe bodily injuries during an automobile accident allegedly caused by defendant David Scott Shimp. Plaintiff's passengers, Anna Grace Jordan and Sally Mackenzie...

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