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HINNANT v. HOLLAND

No. 8811SC491.

374 S.E.2d 152 (1988)

92 N.C. App. 142

Barney H. HINNANT, Administrator of the Estate of Sandra Leigh Hinnant, Deceased v. James Neal HOLLAND and James William Holland.

Court of Appeals of North Carolina.

December 6, 1988.

Attorney(s) appearing for the Case

Dees, Smith, Powell, Jarrett, Dees & Jones by Tommy W. Jarrett, Goldsboro, for plaintiff-appellant.

LeBoeuf, Lamb, Leiby & MacRae by Peter M. Foley and R. Bradley Miller, Raleigh, for defendant-appellee.

BECTON, Judge.

This wrongful death action arose from a one-car accident in which a passenger was killed. From judgment entered on a jury verdict in favor of defendants, plaintiff appeals. For the reasons set out below, we reverse the judgment and remand for a new trial.

I

On 19 December 1985, defendant James Neal Holland ("Neal"), age 16, drove his high school classmates to the home of a needy family to deliver Christmas presents as part of a school...

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