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Copple v. Warner

Supreme Court of North Carolina
Dec 1, 1963
133 S.E.2d 644 (N.C. 1963)

Opinion

Filed 19 December 1963.

APPEAL by plaintiff from Latham, Special Judge, July 1963 Regular Session of Alamance,

Harold T. Dodge for plaintiff appellant.

Sanders Holt for defendant appellee Warner.

Thomas D. Cooper for defendant appellee West.


In plaintiff's action to recover damages form defendants, jointly and severally for personal injuries and property damage he allegedly sustained on account of their joint and concurrent negligence, the court, in separate orders, sustained the separate demurrer of each defendant to the complaint and as to such defendant dismissed the action. Plaintiff excepted to each order and appealed.


Reference is made to the opinion filed simultaneously herewith in the separate action by Mittie Mae Copple, wife of the present plaintiff, against the same defendants, ante, 727.

The allegations on which plaintiff seeks to recover herein and those on which his wife seeks to recover in her said separate action are identical. Too the demurrers filed and the orders entered in each of the two actions are identical. Hence the order herein sustaining the demurrers and dismissing the action are vacated; and the cause is remanded for the entry of orders as directed in our opinion in the Mittie Mae Copple case.

As we construe his complaint, plaintiff seeks to recover solely for personal injuries and damage to his car proximately caused by the second collision. Plaintiff alleges West drove his car across the center line and collided with the Copple and Warner cars, "injuring the plaintiff and damaging his automobile as hereinafter set forth." Whether plaintiff has a separate cause of action against Warner for damages, if any, proximately caused by the first collision, is not presented.

Error and remanded.


Summaries of

Copple v. Warner

Supreme Court of North Carolina
Dec 1, 1963
133 S.E.2d 644 (N.C. 1963)
Case details for

Copple v. Warner

Case Details

Full title:CHARLES A. COPPLE v. DUNCAN TALMADGE WARNER JR. AND JERRY WAYNE WEST

Court:Supreme Court of North Carolina

Date published: Dec 1, 1963

Citations

133 S.E.2d 644 (N.C. 1963)
133 S.E.2d 644