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COOKE v. GRIGG

No. COA96-125.

478 S.E.2d 663 (1996)

Frank P. COOKE, Jr., as Administrator of the Estate of Dorothy Cooke, and Frank P. Cooke, Individually, Plaintiffs, v. Jeffrey Tim GRIGG and Jeannie Lynn Beaver, Defendants.

Court of Appeals of North Carolina.

December 17, 1996.

Attorney(s) appearing for the Case

Alala Mullen Holland & Cooper, P.A. by H. Randolph Sumner and Jesse V. Bone, Jr., Gastonia, for plaintiffs-appellants.

Burton & Sue, L.L.P. by Walter K. Burton and James D. Secor, III, Greensboro, for defendant-appellee Grigg.

LEWIS, Judge.

On 5 July 1994, Dorothy Cooke was fatally injured in an automobile accident with defendant Jeffrey Tim Grigg when Grigg's vehicle suddenly crossed a median and struck Cooke's vehicle. The evidence showed that, at the time of the accident, Grigg "blacked out" and lost control of his vehicle.

On 23 November 1994, plaintiffs filed this wrongful death action against Grigg and Jeannie Lynn Beaver, the vehicle owner. The case was tried with a jury...

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