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SCALLON v. HOOPER

No. 8010SC270.

270 S.E.2d 496 (1980)

Charles S. SCALLON, Administrator of the Estate of Larry Alan Aiken v. Phillip McIntyre HOOPER, Janet P. Caldwell, and Charles Kenneth Caldwell.

Court of Appeals of North Carolina.

October 7, 1980.

Attorney(s) appearing for the Case

Bailey, Dixon, Wooten, McDonald & Fountain by Wright T. Dixon, Jr., and Gary S. Parsons, Raleigh, for plaintiff-appellant.

Ragsdale & Liggett, by George R. Ragsdale and Peter M. Foley, Raleigh, for defendants-appellees.

VAUGHN, Judge.

We shall consider plaintiff's assignments of error concerning the trial court's instructions first. The two basic issues are whether plaintiff was entitled to an instruction on G.S. 20-71.1 and whether a peremptory instruction was properly given in favor of defendant Charles Caldwell. We conclude that the trial court committed error in both regards and order a new trial on the agency issue.

It cannot be questioned that G.S. 20-71.1 was applicable...

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