HORTON v. NEW SOUTH INS. CO.

No. COA95-141.

468 S.E.2d 856 (1996)

Theodore HORTON and Venervia Earls, Administratrix of the Estate of Clinton B. Earls, Plaintiffs-Appellants, v. NEW SOUTH INSURANCE COMPANY, Defendant-Appellee.

Court of Appeals of North Carolina.

April 16, 1996.


Attorney(s) appearing for the Case

Michaux and Michaux, P.A. by Eric C. Michaux, Durham, for plaintiff-appellant.

Law Office of Robert E. Ruegger, Raleigh, for defendant-appellee.


LEWIS, Judge.

On 19 December 1990, the Estate of Clinton B. Earls (hereinafter "the Estate") filed suit against Theodore Horton, the driver of a car which struck and killed Clinton B. Earls on 26 May 1990. After Horton stipulated to liability and a jury awarded damages of $200,000, judgment was entered on 18 October 1993.

On 3 August 1994, the Estate and Horton filed this suit against defendant. Plaintiffs allege that Horton has assigned all of his rights...

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