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LINDSAY v. PUBLIC SERVICE CO. OF NORTH CAROLINA

No. C-C-88-0113-P.

725 F.Supp. 278 (1989)

James B. LINDSAY, III, by Erwina M. LINDSAY, Guardian ad Litem for James B. Lindsay, III, Plaintiff, v. PUBLIC SERVICE COMPANY OF NORTH CAROLINA, INCORPORATED and the Coleman Company, Inc., Defendants.

United States District Court, W.D. North Carolina, Charlotte Division.

November 15, 1989.

Attorney(s) appearing for the Case

Daniel A. Speights and William A. Jordan, Speights & Runyan, Hampton, S.C., and Bob Warren, Black Mountain, N.C., for plaintiff.

Mel J. Garofalo, Hedrick, Eatman, Gardner & Kincheloe, James E. Walker, Kennedy Covington Lobdell & Hickman, Charlotte, N.C., and William E. Crosswhite, Avery, Crosswhite & Whittenton, Statesville, N.C., for defendants.

ORDER

ROBERT D. POTTER, Chief Judge.

THIS MATTER is before the Court on cross-motions filed by the parties in this action seeking Summary Judgment pursuant to Federal Rules of Civil Procedure 56.

I. FACTUAL BACKGROUND

On March 12, 1985, Plaintiff and his mother, Mrs. Emma Mae Erwina Lindsay, were registered guests at the U.S. 21 Motel near Statesville, North Carolina. The motel owner found Mrs. Lindsay dead and Plaintiff unconscious with...

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