ANDERSON v. CANIPE

No. 834SC425.

317 S.E.2d 44 (1984)

Karen Sue ANDERSON, individually, and as guardian of Paul Michael Anderson, a/k/a Paul Michael Blunk, minor v. Clem Lee CANIPE and wife, Gaynell Canipe and Clem Lee Canipe, III, minor.

Court of Appeals of North Carolina.

July 3, 1984.


Attorney(s) appearing for the Case

Brumbaugh & Donley by Patrick M. Donley, Jacksonville, for plaintiffs-appellants.

White, Allen, Hooten, Hodges & Hines, P.A. by John R. Hooten, Kinston, for defendants-appellees.


JOHNSON, Judge.

On 27 October 1980, Paul Michael Anderson and defendant Clem Lee Canipe, III were in the school yard of Summersill Elementary School. Clem was wearing a cast on his right arm and an ace bandage on his right ankle. While talking with Clem about his sprained ankle, Michael began twisting Clem's ankle. When he twisted Clem's ankle a second time, Clem struck Michael on the head and in the mouth with his right arm, chipping two of Michael's upper front...

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