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MICKLES v. DUKE POWER CO.

No. 9321SC762.

446 S.E.2d 369 (1994)

115 N.C. App. 624

Deborah Robertson MICKLES, Individually and as the Administratrix of the Estate of Fred David Mickles, Plaintiff, v. DUKE POWER COMPANY, Klein Tools, Inc., and Buckingham Manufacturing, Inc., Defendants.

Court of Appeals of North Carolina.

August 2, 1994.

Attorney(s) appearing for the Case

Robinson Maready Lawing & Comerford by William F. Maready and Clifford Britt, Winston-Salem, for plaintiff-appellant.

Duke Power Co. by W. Edward Poe, Jr. and Jeff D. Griffith, III, Charlotte, and Adams Kleemeier Hagan Hannah & Fouts by Daniel W. Fouts, W. Winburne King, III and Edward L. Bleynat, Jr., Greensboro, for defendant-appellant Duke Power.

JOHN, Judge.

In this case involving a workplace death, plaintiff contends the trial court erred by granting defendant Duke Power's motion for summary judgment. We are persuaded that plaintiff is correct.

On 7 August 1991, Fred David Mickles (Mickles), a lineman in the employ of defendant Duke Power Company (Duke Power), was killed when he fell approximately 100 feet from a large electric transmission tower. At that time, Mickles was secured to the tower by...

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