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CAMALIER v. JEFFRIES

No. 93PA94.

460 S.E.2d 133 (1995)

340 N.C. 699

Jana L. CAMALIER, Administratrix C.T.A. of The Estate of Caleb Willard Camalier, Corrie R. Camalier by and through her duly Appointed Guardian Ad Litem, G. Bryan Collins, Jr., Louise H. Camalier by and through her duly Appointed Guardian Ad Litem, G. Bryan Collins, Jr., and Jana L. Camalier, Individually v. Charles J. JEFFRIES, Frank A. Daniels, Jr., and The News and Observer Publishing Co.

Supreme Court of North Carolina.

July 28, 1995.

Attorney(s) appearing for the Case

Young Moore Henderson & Alvis P.A. by Jerry S. Alvis, R. Michael Strickland, and David M. Duke, Raleigh, for plaintiffs-appellants and -appellees.

Bailey & Dixon, L.L.P. by Gary S. Parsons, Patricia P. Kerner, and Kenyann G. Brown, Raleigh, for defendant-appellant Jeffries.

Yates, McLamb & Weyher, L.L.P. by Dan J. McLamb and Suzanne S. Lever, for defendant-appellee Daniels.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P. by Samuel G. Thompson, John D. Madden, and James Y. Kerr, II, Raleigh, for defendant-appellee The News and Observer Publishing Co.

Carruthers & Roth, P.A. by Richard L. Vanore and Michael J. Allen, Greensboro, for unnamed defendant-appellee Michigan Mut. Ins. Co.

Harold M. White, Jr., on behalf of Mothers Against Drunk Driving North Carolina State Organization, Wilmington, amicus curiae.

Glenn, Mills and Fisher, P.A. by Robert B. Glenn, Jr., on behalf of the North Carolina Academy of Trial Lawyers, Durham, amicus curiae.

FRYE, Justice.

The pleadings and the forecast of evidence tended to show that on 27 October 1990, Caleb Willard Camalier was operating his 1982 Toyota automobile on Highway 70 near Raleigh when his automobile collided with a Volvo automobile operated by defendant Charles J. Jeffries. Camalier was seriously injured in the accident and remained hospitalized in a comatose state for nine months until his death on 27 July 1991.

At the time of the accident, Jeffries...

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