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ESTATE OF MULLIS, BY DIXON v. MONROE OIL CO., INC.

No. COA96-1230.

488 S.E.2d 830 (1997)

ESTATE OF Jacqueline Melissa MULLIS, by Kathy DIXON, Administrator, Plaintiff-Appellant, v. MONROE OIL COMPANY, INCORPORATED, City of Monroe Alcoholic Beverage Control, Liston S. Darby, Administrator of the Estate of Dwaine Lydell Darby, and the Estate of Otis Stephen Blount, Defendants-Appellees.

Court of Appeals of North Carolina.

August 19, 1997.

Attorney(s) appearing for the Case

Clark, Griffin & McCollum, L.L.P. by Joe P. McCollum, Jr. and William L. McGuirt, Monroe, for plaintiff-appellant.

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

Morris, York, Williams, Surles & Brearley by R. Gregory Lewis, Charlotte, and Jordan, Price, Wall, Gray & Jones by Joseph E. Wall, Raleigh, for defendant-appellee Monroe Alcoholic Beverage Control Board.

WYNN, Judge.

The facts of this appeal are set forth in greater detail in the companion case of Estate of Darby v. Monroe Oil Co., Inc., ___ N.C.App. ___, 488 S.E.2d 828 (1997). The following facts are pertinent to this appeal: Shortly after midnight on 1 May 1993, Otis Stephen Blount drove a vehicle owned by the front seat passenger, Dwaine Darby, off the road and into a tree killing himself, Darby and the two backseat passengers...

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