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KNIGHTEN v. BARNHILL CONTRACTING CO.

No. COA95-113.

468 S.E.2d 564 (1996)

Angela KNIGHTEN, Gerald N. Knighten, Sirinuch T. Carruth, William Carruth, Steven Carruth and Sirinuch Ruth Carruth Batista, Plaintiff-Appellees v. BARNHILL CONTRACTING COMPANY, Defendant-Appellant.

Court of Appeals of North Carolina.

March 19, 1996.

Attorney(s) appearing for the Case

Beaver, Holt, Richardson, Sternlicht, Burge & Glazier, P.A., by Mark A. Sternlicht, William O. Richardson and Rebecca J. Britton, Fayetteville, for plaintiff-appellees Angela and Gerald Knighten.

Smith, Dickey & Smith, by Allen D. Smith, Fayetteville, for plaintiff-appellees Sirinuch T. Carruth, William Carruth and Steven Carruth.

Lytch, Tart, Willis & Fusco, by Phillip A. Fusco, Dunn, for plaintiff-appellee Sirinuch Ruth Carruth Batista.

Cranfill, Sumner & Hartzog, L.L.P., by David H. Batten and William W. Pollock, Raleigh, for defendant-appellant.

WALKER, Judge.

Cumberland Paving Company, a predecessor in interest to defendant Barnhill Contracting Company (Barnhill), contracted with the North Carolina Department of Transportation (DOT) to resurface a section of Highway 87 in Harnett County. The contract required Barnhill to remove two inches of existing pavement and replace the roadway with two inches of new asphalt. The resurfacing work was completed on 2 May 1987.

On 4 July 1991, plaintiffs Sirinuch...

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