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McMILLAN v. MAHONEY

No. 8928SC384.

393 S.E.2d 298 (1990)

99 N.C. App. 448

Joy Alicia McMILLAN, By and Through her Guardian Ad Litem Trudy McMILLAN and Trudy McMillan, Individually and Tom McMillan, Individually, Plaintiffs, v. Fran MAHONEY, Individually and as Guardian Ad Litem for Minor Child, Jerry Guillot and Hilda Cox, Individually, and as Guardian Ad Litem for Minor Child Anthony Cox, Defendants.

Court of Appeals of North Carolina.

July 17, 1990.

Attorney(s) appearing for the Case

C. David Gantt, P.A. by C. David Gantt, Asheville, for plaintiff-appellants.

Robert G. McClure, Jr., P.A. by Robert G. McClure, Jr., Asheville, for defendant-appellees Mahoney and Guillot.

Swain & Stevenson, P.A. by Joel B. Stevenson, Asheville, for defendant-appellees Cox.

SARAH ELIZABETH PARKER, Judge.

On 15 May 1986 plaintiff child Joy McMillan suffered permanent brain damage when she was struck by a pellet from an air rifle. This is an action for the damages suffered by plaintiffs in connection with this injury which was allegedly the result of negligence on behalf of both the minor and the adult defendants. Pursuant to a motion by defendants, the trial judge dismissed plaintiffs' complaint under G.S. 1A-1, Rule 12(b)(6) for failure...

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