BROWN v. MOTOR INNS OF CAROLINA, INC.

No. 792SC714.

266 S.E.2d 848 (1980)

Mary Louise BROWN, Administratrix for the Estate of William Oscar Brown v. MOTOR INNS OF CAROLINA, INC.

Court of Appeals of North Carolina.

June 3, 1980.


Attorney(s) appearing for the Case

Hulse & Hulse by Herbert B. Hulse, and Duke & Brown, by John E. Duke, Goldsboro, for plaintiff-appellant.

Battle, Winslow, Scott & Wiley by Samuel S. Woodley, Rocky Mount, for defendant-appellee.


MORRIS, Chief Judge.

Plaintiff assigns error to the trial court's granting summary judgment in favor of defendant. Although the judgment is not clear as to the basis for the court's ruling, both plaintiff and defendant address in their briefs the issue of whether the disposition of plaintiff's previous claim for death benefits under the Workers' Compensation Act [the Act] precludes plaintiff's present tort action to recover for the wrongful death of her intestate...

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