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A North Carolina Department of Transportation regulation prohibits the placement of telephone booths within public rights-of-way.

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January 4th, 2018

A North Carolina Department of Transportation regulation prohibits the placement of telephone booths within public rights-of-way.Despite this regulation,GTE South,Inc.,placed a booth in the right-ofway near the intersection of Hillsborough and Sparger Roads in Durham County. A pedestrian, Laura Baldwin, was using the booth when an accident at the intersection caused a dump truck to cross the right-of-way and smash into the booth.Was Baldwin within the class of persons protected by the regulation? If so,did GTE’s placement of the booth constitute negligence per se? Explain.

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