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ISENHOUR v. HUTTO

No. 305PA98.

517 S.E.2d 121 (1999)

350 N.C. 601

Anita Faye ISENHOUR, individually and as Administratrix of the Estate of Anthony Darrell Isenhour, Jr., Deceased, v. Kimberly Ann HUTTO, Donald Stephen Hutto, Robbie Faye Morrison, individually and in her official capacity as a School Crossing Guard, and the City of Charlotte, a North Carolina Municipal Corporation.

Supreme Court of North Carolina.

July 23, 1999.

Attorney(s) appearing for the Case

Bailey, Patterson, Caddell, Hart & Bailey, P.A., by Allen A. Bailey and Michael A. Bailey, Charlotte, for plaintiff-appellant and -appellee.

Dean & Gibson, L.L.P., by Rodney Dean and Barbara J. Dean; and Sara Smith Holderness, Charlotte, for defendant-appellants and -appellees Morrison and City of Charlotte.

MARTIN, Justice.

Plaintiff, Anita Faye Isenhour, administratrix of the estate of her deceased son, Anthony Darrell Isenhour, Jr. (Anthony), initiated this action against defendants for the personal injuries and wrongful death sustained by Anthony when he was negligently struck by an automobile operated by defendant Kimberly Ann Hutto (Hutto).

Plaintiff made the following allegations in this action. On 8 October 1991, after school had recessed for the day,...

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