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HICKS v. KMD INV. SOLUTIONS, LLC

No. COA20-71.

855 S.E.2d 514 (2021)

2021-NCCOA-39

Mattie HICKS and Barbara Sigler, Plaintiffs, v. KMD INVESTMENT SOLUTIONS, LLC, Wendy's Real Estate Solutions, LLC, and North Carolina Department of Transportation, Defendants. KMD Investment Solutions, LLC, Third-Party Plaintiff, v. North Carolina Department of Transportation, Third-Party Defendant.

Court of Appeals of North Carolina.

Filed March 2, 2021.

Attorney(s) appearing for the Case

Sanford Thompson, P.L.L.C., Edenton, by Sanford W. Thompson, IV , and Perry, Perry & Perry, P.A., Durham, by Robert T. Perry and Alexander S. Perry , for plaintiffs-appellees.

Attorney General Joshua H. Stein , by Special Deputy Attorney General Alexander G. Walton , for third-party defendant-appellant.

¶ 1 In this negligence case, in the light most favorable to Plaintiffs, there was sufficient circumstantial evidence to show the North Carolina Department of Transportation ("NCDOT") had constructive notice of a defective condition and failed to exercise due diligence to discover and remedy the defective condition, and thus breached...

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