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COLVIN v. BADGETT

No. COA 94-1404.

463 S.E.2d 778 (1995)

Benjamin L. COLVIN, Administrator of the Estate of Margaret T. Colvin, Deceased, and Benjamin L. Colvin, Plaintiffs, v. Glenn Edward BADGETT, Defendant and Third-Party Plaintiff, v. Wendell Sanderford MCDONALD, Third-Party Defendant.

Court of Appeals of North Carolina.

November 21, 1995.

Attorney(s) appearing for the Case

Ligon & Hinton by George Ligon, Jr., Raleigh, for plaintiff-appellant.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P. by Steven M. Sartorio & James Y. Kerr, II, Raleigh, for defendant and third-party plaintiff-appellant, Glenn Edward Badgett.

Broughton, Wilkins, Webb & Sugg, P.A. by R. Palmer Sugg, Raleigh, for third-party defendant-appellee, Wendell Sanderford McDonald.

WYNN, Judge.

On 6 September 1992, defendant and third-party plaintiff Glenn Badgett drove his car with his wife as a passenger along Interstate 40 in Johnston County. I-40 is a four lane highway at that point, and the Badgetts' vehicle was being driven in the left lane in a westerly direction when they noticed that a pick-up truck had run into a ditch off of the right side of the highway. Mrs. Badgett told Mr. Badgett that the truck on the side of the road belonged...

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