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SORRELLS v. M.Y.B. HOSPITALITY VENTURES

No. 153PA92.

423 S.E.2d 72 (1992)

332 N.C. 645

Linda SORRELLS, Administratrix of the Estate of Travis Cain Sorrells v. M.Y.B. HOSPITALITY VENTURES OF ASHEVILLE, d/b/a Rhapsody's Food and Spirits.

Supreme Court of North Carolina.

November 19, 1992.

Attorney(s) appearing for the Case

McLean & Dickson, by Russell L. McLean, III, Waynesville, for plaintiff-appellee.

Harrell & Leake, by Larry Leake, Asheville, for defendant-appellant.

FRYE, Justice.

Defendant contends that the Court of Appeals erred in reversing the trial court's order granting defendant's Rule 12(b)(6) motion to dismiss. The underlying issue in this case is whether the personal representative of the estate of a twenty-one-year-old who was fatally injured as a result of driving while in a highly intoxicated state may recover in a wrongful death action against the seller of the alcohol. We hold that recovery in this case is barred...

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