CUMMINGS v. LOCKLEAR

No. 7116SC572.

183 S.E.2d 832 (1971)

12 N.C. App. 572

John Earl CUMMINGS, Administrator of the Estate of Joyce Dimery Locklear, Deceased, v. Josepheus LOCKLEAR.

Court of Appeals of North Carolina.

Certiorari Denied December 7, 1971.


Attorney(s) appearing for the Case

Johnson, Hedgpeth, Biggs & Campbell, by John W. Campbell, Lumberton, for plaintiff.

W. Earl Britt, Fairmont, for defendant.


Certiorari Denied by Supreme Court December 7, 1971.

BROCK, Judge.

If the wife had survived, she would have had a cause of action against her husband for damages for personal injury. G.S. § 52-5. Therefore, under the provisions of G.S. § 28-173 the administrator of her estate may maintain an action for wrongful death. The right to sue granted by this statute is not conditioned upon who may be the ultimate beneficiary or beneficiaries of a recovery...

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