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ESTATE OF TEEL BY NADDEO v. DARBY

No. COA97-669.

500 S.E.2d 759 (1998)

ESTATE OF Patricia Ann TEEL, by Administratrix Linda M. NADDEO, Plaintiff-Appellee, v. Liston S. DARBY, Administrator of the Estate of Dwaine Lydell Darby, Defendant-Appellant.

Court of Appeals of North Carolina.

June 2, 1998.

Attorney(s) appearing for the Case

Weaver, Bennett & Bland, P.A. by Michael David Bland, Howard M. Labiner, and Christopher M. Vann, Matthews, for plaintiff-appellee.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P. by Scott M. Stevenson, Allen C. Smith, and Kenneth Lautenschlager, Charlotte, for defendant-appellant.

TIMMONS-GOODSON, Judge.

This action arises out of a single-car accident, which occurred between the evening hours of 30 April and the early morning of 1 May 1993, and resulted in the death of all of the vehicle's occupants. There were no eye witnesses to the accident, but the evidence tends to show that on the evening of 30 April 1993, Dwaine Lydell Darby, Patty Teel and Melissa Mullis were passengers in a vehicle driven by Otis Blount. Further, evidence indicates...

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