Swain v. Leahy

LEWIS, Judge.

On 18 April 1990 plaintiff filed a complaint against defendants alleging negligence in their representation of plaintiff’s personal injury claim. Defendants asserted the doctrine of election of remedies as a defense, and the trial court granted summary judgment for defendants on 27 February 1992.

On 20 April 1985, plaintiff, a Hertford County, North Carolina resident, was injured in an automobile collision in Chesapeake, Virginia. When the accident occurred plaintiff was a passenger in an automobile driven by Ida M. Allen and owned by Sarah K. Swain, both residents of North…