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COLE v. DUKE POWER CO.

No. 8514SC1323.

344 S.E.2d 130 (1986)

James A. COLE, Jr., Administrator of the Estate of James Anderson Cole, III v. DUKE POWER COMPANY.

Court of Appeals of North Carolina.

June 3, 1986.

Attorney(s) appearing for the Case

William I. Ward, Jr., W. Edward Poe, Jr., Parker, Poe, Thompson, Bernstein, Gage & Preston by Irvin W. Hankins III, Charlotte, and Newsom, Graham, Hedrick, Bryson & Kennon by Lewis A. Cheek and Joel M. Craig, Durham, for defendant-appellant.

Pulley, Watson, King & Hofler by W. Paul Pulley, Jr. and Tracy Kenyon Lischer, Durham, for plaintiff-appellee.

ARNOLD, Judge.

PUNITIVE DAMAGES

Defendant first contends the trial court erred in refusing to dismiss plaintiff's claim for punitive damages, and in its instructions regarding the conduct which would justify an award of punitive damages. G.S. 28A-18-2 in pertinent part provides:

(a) When the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured person had lived, have entitled him to an action...

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