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NOBLE v. HOOTERS OF GREENVILLE (NC), LLC

No. COA08-1144.

681 S.E.2d 448 (2009)

Justin Wayne NOBLE and Matthew Allen Noble, Plaintiffs, v. HOOTERS OF GREENVILLE (NC), LLC and Hooters of America, Inc., Defendants.

Court of Appeals of North Carolina.

August 18, 2009.

Attorney(s) appearing for the Case

White & Allen, P.A., by Matthew S. Sullivan, Kinston, and Abrams & Abrams, P.A., by Douglas B. Abrams and Margaret S. Abrams, Raleigh, for Plaintiffs.

Guthrie, Davis, Henderson & Staton, P.L.L.C., by Dennis L. Guthrie, John H. Hasty, and Justin N. Davis, Charlotte, for Defendant Hooters of Greenville (NC), LLC.

Arthur A. Vreeland, for Defendant Hooters of America, Inc.

STEPHENS, Judge.

I. Procedural History

On 15 November 2005, Justin Wayne Noble and Matthew Allen Noble ("Plaintiffs") filed separate complaints against Jonathan Lee Sugg, the driver of an automobile in which Plaintiffs had been passengers, for severe injuries arising out of an automobile accident that occurred on 30 December 2003. The complaints alleged that Sugg had operated the motor vehicle negligently, although the complaints did not allege that...

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