WILLIS v. DUKE POWER CO.

No. 7826SC535.

257 S.E.2d 471 (1979)

42 N.C. App. 582

Gerald P. WILLIS, Administrator of the Estate of David S. Willis, Deceased v. DUKE POWER COMPANY, a corporation.

Court of Appeals of North Carolina.

August 21, 1979.


Attorney(s) appearing for the Case

Cansler, Lockhart, Parker & Young by Thomas Ashe Lockhart, Joe C. Young, and John M. Burtis, Charlotte, for plaintiff-appellant.

William I. Ward, W. Edward Poe, Jr., and Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by William E. Poe and Irvin W. Hankins, III, Charlotte, for defendant-appellee.


MORRIS, Chief Judge.

The threshold question for decision on this appeal is whether the action abated upon the death of Elizabeth Shelton Willis, mother of decedent, after commencement of the action but pending trial. The trial court, by granting defendant's motion for summary judgment "based on the grounds stated in the motion", held that it did. We do not agree.

Resolution of this question of first impression in this State requires consideration of the former...

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