Fulton v. East Carolina Trucks, Inc.

BECTON, Judge.

On 9 July 1985, plaintiffs Stuart Edward James Fulton and certain underwriters at Lloyd’s of London brought this action against defendants East Carolina Trucks, Incorporated and James C. Greene Company alleging unfair trade practices, breach of contract, negligent repair and breach of warranty. The case was scheduled to be heard on 8 September 1986 in Wake County Civil Superior Court. Before the hearing date, defendants filed motions to dismiss and for sanctions under Rule 37(d) of the North Carolina Rules of Civil Procedure for plaintiffs’ failure to comply with discovery. The…