McGinnis v. Robinson
Court of Appeals of North Carolina
APPEAL by defendants from Friday, Judge. Order granting a new trial to plaintiff entered 19 May 1978. Heard in the Court of Appeals 23 August 1979. Plaintiff brought this action on 20 January 1976 for damages resulting from injuries sustained in a one car accident. It was stipulated that the accident was caused by the negligence of the driver.
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APPEAL by defendants from Friday, Judge. Order granting a new trial to plaintiff entered 19 May 1978. Heard in the Court of Appeals 23 August 1979. Plaintiff brought this action on 20 January 1976 for damages resulting from injuries sustained in a one car accident. It was stipulated that the accident was caused by the negligence of the driver. On trial, the issues for the jury were (1) whether defendant John Robinson (Robinson) was the driver of the car when the wreck occurred; (2) whether defendant Elam Torrence Robinson, Sr. (Robinson, Sr.), maintained the car involved in the wreck for a…
1Opinion of the Court
VAUGHN, Judge.
The trial judge was of the opinion that the proceeding was under Rule 60(b)(3) and (6). The pertinent parts of Rule 60(b) provide:
“On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: ... (3) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; ... or (6) Any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons…
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