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FRIEDLAND v. GALES

No. COA98-367.

509 S.E.2d 793 (1998)

Edward L. FRIEDLAND, Executor of the Estate of Kim A. Thomas, Plaintiff-Appellant, v. Marion Anthony GALES, Defendant-Appellee.

Court of Appeals of North Carolina.

December 29, 1998.

Attorney(s) appearing for the Case

Rudolf & Maher, P.A. by David S. Rudolf and Thomas K. Maher, Chapel Hill, for plaintiff-appellant.

Sharon Dunigan Jumper and Jerry D. Jordan, Charlotte, for defendant-appellee.

Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, P.A. by Adam Stein, Chapel Hill, for the North Carolina Academy of Trial Lawyers, amicus curiae.

Smith, Helms, Mullis & Moore, L.L.P., by J. Donald Cowan, Jr., Greensboro, for the North Carolina Association of Defense Attorneys, amicus curiae.

JOHN C. MARTIN, Judge.

Plaintiff filed this wrongful death action on 29 March 1996 alleging that defendant had killed Kim A. Thomas on or about 27 July 1990. According to the allegations of the complaint, defendant denied killing Kim Thomas when questioned by the police, claiming that he suspected someone named "BJ" of committing the murder. However, defendant later confided in two fellow prison inmates, while incarcerated for unrelated crimes, that he killed Kim...

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