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BLAIR CONCRETE SERVICES v. VAN-ALLEN STEEL

No. COA01-478.

566 S.E.2d 766 (2002)

BLAIR CONCRETE SERVICES, INC. and Russell Smith, Plaintiffs, v. VAN-ALLEN STEEL COMPANY, INC. and R.P. Construction Company, Inc., Defendants.

Court of Appeals of North Carolina.

August 6, 2002.

Attorney(s) appearing for the Case

Bailey & Dixon, L.L.P., by David S. Coats, Raleigh, for plaintiff-appellants.

Teague, Campbell, Dennis & Gorham, L.L.P., by Henry Gorham and Tracey L. Jones, Raleigh, for defendant-appellee Van-Allen Steel Company, Inc.

Alexander H. Barnes, Durham, for defendant-appellee R.P. Construction Company, Inc.

HUDSON, Judge.

Plaintiffs appeal the trial court's judgment which granted defendants' motion for summary judgment and denied plaintiffs' motion to strike an affidavit of attorney Nicholas Stratas from the record. The pertinent facts are as follows: on 10 November 1995, plaintiff Russell Smith ("Smith") and his co-worker Ricardo Silva ("Silva") were injured while working for plaintiff Blair Concrete Services, Inc. ("Blair") at a construction project in Johnston County...

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