Court of Appeals of North Carolina November 3, 1998, COA98-172 (Bob Killian Tire, Inc. v. Day Enterprises, Inc.)

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MARTIN, John C., Judge.

On 3 July 1995, plaintiff filed a complaint naming “Troy Day t/a Day Enterprises” as defendant, and alleging defendant had, in October 1994, negligently excavated its property which was adjacent to plaintiffs property, resulting in damage to plaintiffs land.