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HAWKINS v. HOUSER

No. 8727SC594.

371 S.E.2d 297 (1988)

91 N.C. App. 266

Jerry HAWKINS, Administrator of the Estate of Bobby Dale Hawkins, Plaintiff, v. Herbert HOUSER and wife, Sue Houser, t/a Triple H Mobile Home Park, Defendants. Peggy PLESS, Administrator of the Estate of Rodney Pless, Plaintiff, v. Herbert HOUSER and wife, Sue Houser, t/a Triple H Mobile Home Park, Defendants. Herbert HOUSER and wife, Sue Houser, t/a Triple H Mobile Home Park, Third Party Plaintiffs, v. Jerry HAWKINS, Administrator of the Estate of Bobby Dale Hawkins, Third Party Defendant.

Court of Appeals of North Carolina.

September 6, 1988.

Attorney(s) appearing for the Case

Joseph B. Roberts, III and Geoffrey A. Planer, Gastonia, for plaintiffs-appellants.

Jonas, Jonas & Rhyne by Richard E. Jonas, Lincolnton, for defendants-appellees.

PHILLIPS, Judge.

These two wrongful death actions were dismissed by an order of summary judgment following a hearing at which the court considered affidavits, depositions, and other materials which indicate the following: In January, 1985 on defendants' 220-acre tract of Lincoln County farm and woodland were situated their dwelling house, a mobile home park containing 25 trailer sites in one area and 30 in another, and about a quarter of a mile from the park an unenclosed...

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