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FOX v. KILLIAN

No. 9025SC959.

403 S.E.2d 546 (1991)

Lori A. FOX and Bob G. Brinkley, Co-Administrators of the Estate of Sherry R. Brinkley, Plaintiffs, v. Kelly E. KILLIAN and Patricia Gale Killian, Defendants.

Court of Appeals of North Carolina.

Decided May 7, 1991.

Attorney(s) appearing for the Case

Corne, Pitts, Corne, Grant & Edwards, P.A. by Robert M. Grant, Jr. and Linda J. Hatcher, Newton, for plaintiffs, appellants.

Mitchell, Blackwell & Mitchell, P.A. by Hugh A. Blackwell and Keith W. Rigsbee, Valdese, for defendants, appellees.

PHILLIPS, Judge.

Plaintiffs' appeal is from an order dismissing their complaint against defendant Patricia Gale Killian under the provisions of Rule 12(b)(6), N.C. Rules of Civil Procedure, for failing to state a claim upon which relief can be granted. The action is for wrongful death and the complaint alleges that their intestate, Sherry R. Brinkley, died on 11 December 1987 as a result of a collision on Oxford School Road in Catawba County between her automobile...

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