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Holloway v. Wachovia Bank & Trust Co.

428 S.E.2d 453 (1993)

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Holloway v. Wachovia Bank & Trust Co.

North Carolina Court of Appeals

428 S.E.2d 453 (1993)

Facts

Jean Dawson (defendant), an employee of Wachovia Bank & Trust Co. (Wachovia) (defendant), was attempting to repossess a car financed by Wachovia and owned by Hallie Holloway (plaintiff). When Dawson attempted to repossess the car, Hallie was present along with Hallie’s mother, Sue Holloway (plaintiff), Hallie’s 10-year-old niece, Swanzett Holloway (plaintiff), and Hallie’s infant son, Damien Holloway (plaintiff). In attempting to repossess the car, Dawson reached into the vehicle through the window and elbowed Damien, who was lying on Hallie’s chest, while trying to wrench the keys from Hallie, who was sitting in the driver’s seat with the keys in the ignition. Damien, who was four months old, was asleep through much of the encounter. Dawson also pointed a gun at Hallie and Damien. Swanzett witnessed all this from the back seat. Despite Dawson’s efforts, Hallie drove away. All four Holloways filed an action against Wachovia and Dawson for assault, and Hallie and Damien filed claims for battery. Hallie and Sue’s claims were dismissed due to the statute of limitations, but the case went to trial on Damien and Swanzett’s claims. During trial, Swanzett testified that she saw the gun and the barrel of the gun, which was black and brown, that Dawson was pointing the gun at Hallie and Damien, and that she was afraid that Dawson would shoot her. The court issued directed verdicts against Damien and Swanzett on all of their claims, and they appealed.

Rule of Law

Issue

Holding and Reasoning (Eagles, J.)

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