LAVELLE v. SCHULTZ

No. COA94-1316.

463 S.E.2d 567 (1995)

Stacey LAVELLE, and husband, Allen Lavelle, Plaintiff-Appellants, v. David B. SCHULTZ and wife Karen C. Schultz; Town of Hope Mills, a Municipal Corporation; and United Realty of Fayetteville, Inc., a Corporation, Defendant-Appellees.

Court of Appeals of North Carolina.

November 21, 1995.


Attorney(s) appearing for the Case

Mast, Morris, Schulz & Mast by Charles D. Mast and George B. Mast, Smithfield, for plaintiff-appellants.

Walker, Barwick, Clark & Allen, L.L.P. by Jerry A. Allen, Jr., Goldsboro, for defendant-appellees David B. Schultz and Karen C. Schultz.

Bailey & Dixon L.L.P. by Gary S. Parsons and Kenyann G. Brown, Raleigh, for defendant-appellee Town of Hope Mills.

Anderson, Broadfoot, Johnson, Pittman, Lawrence & Butler by T. Alan Pittman, Fayetteville, for defendant-appellee United Realty of Fayetteville, Inc.


WALKER, Judge.

This action arises out of an accident that occurred on 23 April 1990 in the Town of Hope Mills, North Carolina (the Town) at the intersection of Spinner Road and Metric Drive. The accident involved two vehicles, one operated by the plaintiff, Stacey Lavelle, and the other operated by Judy Wagner. At the time of the accident, the defendants, David and Karen Schultz (the Schultzes), owned a house at 5937 Spinner Road which was on the corner of the intersection...

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