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BROWN v. NORTH CAROLINA WESLEYAN COLLEGE

No. 827SC1275.

309 S.E.2d 701 (1983)

Sallye BROWN, Substitute Administratrix of the Estate of Whelete Venita Collins v. NORTH CAROLINA WESLEYAN COLLEGE, INC.

Court of Appeals of North Carolina.

December 20, 1983.

Attorney(s) appearing for the Case

Amos E. Link, Jr., Raleigh, for plaintiff-appellant.

Horton & Michaels by Walter L. Horton, Jr., and John A. Michaels, Raleigh, for defendant-appellee.

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by Joseph W. Grier, Jr. and Christian R. Troy, Charlotte, amicus curiae North Carolina Association of Independent Colleges and Universities.

BECTON, Judge.

On 3 December 1980, after a basketball game, plaintiff's intestate, a non-resident student and a cheerleader at defendant North Carolina Wesleyan College, was abducted from defendant's campus, along with two other cheerleaders, and was forced by one Kermit Smith to drive to a rock quarry near Roanoke Rapids, North Carolina, where she was raped and murdered. Smith was subsequently tried and convicted of the crimes. His convictions were upheld by the...

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