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COLEMAN v. RUDISILL

No. COA98-213.

508 S.E.2d 297 (1998)

Phyllis V. COLEMAN and Roy L. Coleman, Co-Administrators of the Estates of James Robert Coleman and Laura Lee Coleman, deceased and Phyllis V. Coleman and Roy L. Coleman, individually, Plaintiffs, v. Jonas D. RUDISILL, Jr., Larry C. Rudisill, Kenneth D. Rudisill, and Henry P. Rudisill, Defendants.

Court of Appeals of North Carolina.

December 1, 1998.

Attorney(s) appearing for the Case

The Roberts Law Firm, P.A. by Scott W. Roberts and Joseph B. Roberts, III, Gastonia, for plaintiffs-appellants.

Stott Hollowell Palmer & Windham, L.L.P. by Martha R. Thompson, Gastonia, for defendant-appellant Henry P. Rudisill.

Burton & Sue, L.L.P. by Walter K. Burton and James D. Secor, III, Greensboro, for defendants-appellants Larry C. Rudisill, Kenneth D. Rudisill, and Jonas D. Rudisill.

JOHN C. MARTIN, Judge.

Plaintiffs brought this action alleging that the wrongful deaths of their minor children, ages five and eight, had been caused by negligence on the part of defendants in maintaining an attractive nuisance. Defendants answered, denying negligence and asserting that the childrens' death had been caused by the negligence of Randy Lee Cook.

Defendants moved for summary judgment. The materials before the trial court disclosed that on 13 May...

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