HOOPER v. PIZZAGALLI CONST. CO.

No. 9214SC126.

436 S.E.2d 145 (1993)

112 N.C. App. 400

Kimberly H. HOOPER (Widow) and Reverend Jerry Hooper (Father) Administrators of the Estate of Timothy Nelson Hooper, Plaintiffs, v. PIZZAGALLI CONSTRUCTION CO., Acme Plumbing and Heating, Inc., West Durham Mechanical, Inc. (Formerly Comfort Engineers, Inc.), Defendants.

Court of Appeals of North Carolina.

November 2, 1993.


Attorney(s) appearing for the Case

Currin and Watson, P.A., by John W. Watson, Jr., Oxford, for plaintiff-appellant.

M. Lynette Hartsell, Graham, for plaintiff-appellant.

W. Phillip Moseley, Graham, for plaintiffappellant.

Newsom, Graham, Hedrick, Bryson & Kennon, by Joel M. Craig, Durham, for defendant-appellee Acme Plumbing & Heating, Inc.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog, by Robert W. Griffin and Kari Lynn Russwurm, Raleigh, for defendant-appellee Pizzagalli Const. Co.

Nye, Phears & Davis, by Charles B. Nye, C. Howard Nye, and William J. Wolf, Durham, for defendant-appellee West Durham Mechanical, Inc.


JOHNSON, Judge.

The facts pertinent to this appeal are as follows: Defendant Pizzagalli, as general contractor, executed a contract for the construction of Anylan Towers, with the owner of Duke University Medical Center. Defendant West Durham executed a subcontract agreement to provide heating, ventilation and air conditioning with the general contractor, and defendant Acme executed a subcontract agreement to provide plumbing with the general contractor.

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