Davis v. J.M.X., Inc

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DURHAM COUNTY NO. 97CVS00687 L TANYA D. DAVIS, EXECUTRIX OF ESTATE OF KENNETH A. DAVIS, Plaintiff v. J.M.X., INCORPORATED, and ESAU ROOSEVELT DIXON, Defendants and Third-Party Plaintiffs v. ANTOINETTE PADILLA TOLER, REA CONSTRUCTION COMPANY, PROTECTION SERVICES, INC., and STATE OF NORTH CAROLINA, ex rel NCDOT, Third-Party Defendants and DURHAM COUNTY NO. 97CVS00714 L TANYA DURANTE DAVIS, Plaintiff v. J.M.X., INCORPORATED, and ESAU ROOSEVELT DIXON, Defendants and Third-Party Plaintiffs v. ANTOINETTE PADILLA TOLER, REA CONSTRUCTION COMPANY, PROTECTION SERVICES, INC., and STATE OF NORTH CAROLINA, ex rel NCDOT, ThirdParty Defendants and DURHAM COUNTY NO. 97CVS00713 E. ANN CHRISTIAN, as Guardian Ad Litem for LEONARD AARON DAVIS, II, Plaintiff v. J.M.X., INCORPORATED, and ESAU ROOSEVELT DIXON, Defendants and Third-Party Plaintiffs v. ANTOINETTE PADILLA TOLER, REA CONSTRUCTION COMPANY, PROTECTION SERVICES, INC., and STATE OF NORTH CAROLINA, ex rel NCDOT, Third-Party Defendants and DURHAM COUNTY NO. 97CVS02051 ROBERTA E. JOHNSON, as Administratrix of the Estate of THELMA P. BITTING, Plaintiff v. J.M.X., INCORPORATED, and ESAU ROOSEVELT DIXON, Defendants and Third-Party Plaintiffs v. ANTOINETTE PADILLA TOLER, REA CONSTRUCTION COMPANY, PROTECTION SERVICES, INC., and STATE OF NORTH CAROLINA, ex rel NCDOT, Third-Party Defendants No. 206A00 (Filed 6 October 2000) No Headnotes. Appeal pursuant to N.C.G.S. ยง 7A-30(2) from the decision of a divided panel of the Court of Appeals, 137 N.C. App. 267, 528 S.E.2d 56 (2000), affirming orders for summary judgment entered 2 July 1998 and 8 July 1998 and reversing orders for summary judgment entered 9 July 1998 by Johnson (E. Lynn), J., in Superior Court, Durham County. Heard in the Supreme Court 11 September 2000. McDaniel, Anderson & Stephenson, L.L.P., by William E. Anderson and John M. Kirby, for third-party plaintiffappellants. Yates, McLamb & Weyher, L.L.P., by Rodney E. Pettey, for third-party defendant-appellee Rea Construction Company; and Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., by James D. Blount, Jr., and Deanna Davis Anderson, for third-party defendant-appellee Protection Services, Inc. PER CURIAM. AFFIRMED.

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