JOHNSON v. SMITH

No. 8914SC292.

388 S.E.2d 582 (1990)

Phyllis JOHNSON, Administratrix of the Estate of Frederic Norman Johnson, Plaintiff, v. Rayfield SMITH, Defendant.

Court of Appeals of North Carolina.

February 20, 1990.


Attorney(s) appearing for the Case

Michael E. Mauney and Charles Darsie, Durham, for plaintiff-appellant.

Newsom, Graham, Hedrick, Bryson and Kennon by E.C. Bryson, Jr., Joel M. Craig and Mark E. Anderson, Durham, for defendant-appellee.


COZORT, Judge.

Plaintiff appeals from an Order granting defendant's motion for summary judgment and denying plaintiff's motion for judgment on the pleadings or, in the alternative, partial summary judgment. We affirm the trial court's order.

The case below involves two legal actions. In both, the plaintiff alleged that defendant Rayfield Smith caused the wrongful death of plaintiff's intestate, Frederic Johnson.

In the first action, No. 85CVS1790,...

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