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BRILES v. BRILES

No. 7919SC107.

259 S.E.2d 393 (1979)

43 N.C. App. 575

Moleta K. BRILES, Plaintiff, v. David Harold BRILES and Eaton Corporation, Defendants. Charleston M. BRILES, Plaintiff, v. David Harold BRILES and Eaton Corporation, Defendants.

Court of Appeals of North Carolina.

November 6, 1979.

Attorney(s) appearing for the Case

Miller, Beck & O'Briant by Adam W. Beck, Asheboro, for plaintiff-appellants.

Smith, Moore, Smith, Schell & Hunter by Bynum M. Hunter and William L. Young, Greensboro, for defendant Briles.

HARRY C. MARTIN, Judge.

In allowing summary judgment, the court made this finding:

[T]he Court is of the opinion, and so rules, as a matter of law, that the plaintiffs were "licensees" in the home of their son, David Harold Briles, at the time they sustained injuries on July 1, 1975, and that their injuries were not as a result of any willful or wanton negligence on the part of the defendant, David Harold Briles;

Plaintiffs argue the court erred...

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