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AYSCUE v. WELDON

No. 949SC646.

456 S.E.2d 344 (1995)

118 N.C. App. 636

Brooks AYSCUE, Jr., Administrator of the Estate of Vincent Allen AYSCUE, Plaintiff, v. Marshall T. WELDON, Defendant.

Court of Appeals of North Carolina.

May 2, 1995.

Attorney(s) appearing for the Case

Steven E. Hight and Steven H. McFarlane, Louisburg, for plaintiff-appellee.

Thompson, Barefoot & Smyth, L.L.P. by Theodore B. Smyth, Raleigh, for defendant-appellant.

WALKER, Judge.

Plaintiff, administrator of the estate of Vincent Allen Ayscue, sued defendant for wrongful death of his intestate. The complaint alleges that on 12 May 1989, defendant was driving a pickup truck along U.S. Highway # 1 while under the influence of alcohol when he lost control of the truck, ran off the road, turned over and struck a rock. The complaint further alleges that defendant was negligent and that as a direct and proximate result of his negligence...

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