Arnold v. Merchants Distributors, Inc.

HEDRICK, Judge.

By their first assignment of error, based on an exception to an order dated 30 April 1973, defendants contend the court *583erred in denying their motion to be allowed to amend their answers to plead contributory negligence on the part of plaintiffs as passengers in the truck being driven by Hutchinson. It will be noted that the order denying the motion was entered subsequent to the entry of the judgment of the case in Catawba County, where the question of Hutchinson’s negligence had been determined in his favor as the driver of the truck in which plaintiffs were riding. Likewise,…