FORTUNE v. FIRST UNION NAT. BANK

No. 552PA87.

371 S.E.2d 483 (1988)

323 N.C. 146

Betty FORTUNE, Individually, and Dale Fortune, a minor, by his Guardian Ad Litem, Betty Fortune v. FIRST UNION NATIONAL BANK, a corporation and as Executor and Trustee of the Robert L. Fortune Estate and Trust.

Supreme Court of North Carolina.

September 7, 1988.


Attorney(s) appearing for the Case

McLeod, Senter & Winesette, P.A. by Joe McLeod, Fayetteville, for plaintiffs-appellees.

J. Frank Huskins, Raleigh, Francis C. Clark, Staff Atty., Charlotte, for First Union Nat. Bank.

Maupin, Taylor, Ellis & Adams, P.A. by R. Stephen Camp and M. Elizabeth Davenport, Raleigh, for defendant-appellant.


WEBB, Justice.

The defendant argues that the Court of Appeals erred in two respects. It contends first that the Court of Appeals was correct in holding Dale Fortune could not prove any damage but was in error in ordering the damages to be awarded to the trust. The defendant also argues that there was insufficient evidence to support the amount of damages awarded.

We do not pass on the defendant's argument that the damages may not be transferred to the trust...

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