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FINNEY v. ROSE'S STORES, INC.

No. 9430SC105.

463 S.E.2d 823 (1995)

Shirley FINNEY and husband, J.W. Finney, Jr., Plaintiffs, v. ROSE'S STORES, INC., and Diversified Products Corporation, Defendants.

Court of Appeals of North Carolina.

November 21, 1995.

Attorney(s) appearing for the Case

Russell L. McLean, III, Waynesville, for plaintiff appellants.

Kathy A. Gleason, Asheville, for defendant appellee Rose's Stores, Inc. and Frank P. Graham, Asheville, for defendant appellee Diversified Products Corporation.

ARNOLD, Chief Judge.

Plaintiffs presented evidence that Rose's was aware that the treadmill was plugged in and that the signs indicating such had been removed from the treadmill. Further, plaintiffs presented evidence that Rose's employees had witnessed other individuals falling off of the treadmill. However, a large number of these were children who would intentionally increase the treadmill speed to see if they could remain standing on the treadmill. Also, anytime...

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