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POWELL v. DOE

No. COA95-437.

473 S.E.2d 407 (1996)

Edward L. POWELL, Administrator of the Estate of Nerys Flores, Deceased, v. John DOE, a Hit and Run Driver, and an Unnamed Defendant, the Uninsured Motorist Carrier.

Court of Appeals of North Carolina.

August 6, 1996.

Attorney(s) appearing for the Case

Randolph and Fischer by Rebekah L. Randolph, J. Clark Fischer, Winston-Salem, for plaintiff appellant.

Hutchins, Tyndall, Doughton & Moore by Laurie L. Hutchins, Winston-Salem, for defendant appellee.

SMITH, Judge.

Plaintiff brought this action to recover damages for the fatal injury suffered by Nerys Alexander Flores (Flores or decedent) due to the alleged common law and per se negligence of an unknown hit and run driver. We hold that plaintiff has not forecast evidence establishing his claims of negligence and affirm the trial court's grant of summary judgment to the unnamed defendant.

Plaintiff's evidence tends to show that on 23 May 1994, Flores...

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