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HOISINGTON v. ZT-WINSTON-SALEM ASSOCIATES

No. COA98-1211.

516 S.E.2d 176 (1999)

Walter L. HOISINGTON, as Guardian Ad Litem for Jill Lee Marker, an incompetent, Plaintiff, v. ZT-WINSTON-SALEM ASSOCIATES, Zaremba Associates Limited Partnership, Zaremba Realty Corporation, Toys "R" Us, Inc., Toys "R" Us-Delaware, Inc., Winston-Salem Retail Associates Limited Partnership, Centerpoint Southern, Inc., and The Wackenhut Corporation, Defendants. ZT-Winston-Salem Associates, Zaremba Associates Limited Partnership, Zaremba Realty Corporation, Toys "R" Us, Inc., Toys "R" Us-Delaware, Inc., Winston-Salem Retail Associates Limited Partnership, and Centerpoint Southern, Inc., Defendants/Third-Party Plaintiffs, v. The Tree Factory, Inc., d/b/a The Silk Plant Forest, Third-Party Defendant.

Court of Appeals of North Carolina.

June 15, 1999.

Attorney(s) appearing for the Case

Maready Comerford & Britt, L.L.P., by W. Thompson Comerford, Jr., Clifford Britt, and Martha Marie Eastman, Winston-Salem, for plaintiff-appellant Walter L. Hoisington, as Guardian Ad Litem for Jill Lee Marker.

Moss & Mason, by Joseph W. Moss and Matthew L. Mason, Greensboro, for defendants/third-party plaintiffs-appellants Zaremba Group Incorporated, ZT-Winston-Salem Associates, Zaremba Associates Limited Partnership, Zaremba Realty Corporation, Toys "R" Us-Delaware, Inc., and Winston-Salem Retail Associates Limited Partnership.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P., by Paul C. Lawrence, Charlotte, for third-party defendant-appellant The Tree Factory, Inc., d/b/a The Silk Plant Forest.

Womble Carlyle Sandridge & Rice, P.L.L.C., by Allan R. Gitter, Richard T. Rice, and Jack M. Strauch, Winston-Salem, for defendant-appellee The Wackenhut Corporation.

EDMUNDS, Judge.

This case arose out of a brutal assault that took place on 9 December 1995 at Silas Creek Crossing Shopping Center (Silas Creek), a strip shopping center located in Winston-Salem. Plaintiff Hoisington's ward, Jill Marker, was working at The Tree Factory, Inc., d/b/a The Silk Plant Forest (The Tree Factory), a retail store located in Silas Creek. Shortly before 9:00 p.m., while in her store, she was severely beaten, receiving permanent injuries. The...

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