ESTATE OF DARBY, BY DARBY v. MONROE OIL CO., INC.

No. COA96-1381.

488 S.E.2d 828 (1997)

ESTATE OF Dwaine Lydell DARBY, by Liston S. DARBY, Administrator, Plaintiff, v. MONROE OIL COMPANY, INCORPORATED and City of Monroe Board of Alcoholic Beverage Control, Defendants and Third-Party Plaintiffs, v. ESTATE OF Otis Stephen BLOUNT, by Joseph L. HUTCHERSON, II, Administrator, Third-Party Defendant.

Court of Appeals of North Carolina.

August 19, 1997.


Attorney(s) appearing for the Case

Griffin, Caldwell, Helder, Lee & Helms, P.A. by W. David Lee and R. Kenneth Helms, Jr., Monroe, for plaintiff.

Womble, Carlyle, Sandridge & Rice, P.L.L.C. by Timothy G. Barber and Steven D. Gardner, Charlotte, for defendant Monroe Oil Company.


WYNN, Judge.

This civil action arose out of an alcohol related single car accident that occurred shortly after midnight on 1 May 1993 in Union County, North Carolina. Tragically, the accident killed all of the occupants including the driver, Otis Blount; the front seat passenger and owner of the vehicle, Dwaine Lydell Darby; and two backseat passengers, Melissa Mullis and Patricia Teel. All were under twenty-one (21) years of age.

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