BUTZ v. HOLDER

No. 9211SC252.

434 S.E.2d 862 (1993)

Earl R. BUTZ, Linda M. Butz, and Marc Butz, Plaintiffs, v. Jimmy Davis HOLDER, Defendant.

Court of Appeals of North Carolina.

September 21, 1993.


Attorney(s) appearing for the Case

Smith, Debnam, Hibbert & Pahl by John W. Narron and Elizabeth B. Godfrey, Raleigh, for plaintiffs-appellants.

Savage & Godfrey by David R. Godfrey, Raleigh, for plaintiffs-appellants.

Bailey & Dixon by Gary S. Parsons and Denise Stanford Haskell, Raleigh, for defendant-appellee.


JOHNSON, Judge.

The facts pertinent to this appeal are as follows: decedent, thirteen year old Dwayne John Butz, son and brother of plaintiffs herein, was riding his bicycle on Rural Road 1415 when he was struck by an automobile driven by defendant. The site of the accident was approximately five or six tenths of a mile from plaintiffs' home by road. Decedent was killed instantly. There were no witnesses to the accident...

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