WORD v. JONES BY AND THROUGH MOORE

No. COA97-1483.

502 S.E.2d 376 (1998)

Willie Elaine Spivery WORD, Administrator CTA of the Estate of Bertha C. Spivery, Plaintiff, v. Dorothy Galloway JONES, by and through her Guardian, Harriet B. MOORE, Defendant.

Court of Appeals of North Carolina.

July 7, 1998.


Attorney(s) appearing for the Case

Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, P.A. by Adam Stein, Chapel Hill, for plaintiff-appellant.

Cranfill, Sumner & Hartzog, L.L.P. by Robert W. Sumner and Edward C. LeCarpentier III, and the Law Offices of H. Spencer Barrow by H. Spencer Barrow, Raleigh, for defendant-appellee.


EAGLES, Chief Judge.

We first consider whether the trial court erred in allowing the jury to consider defendant's incipient affliction with Alzheimer's disease as a defense and whether there was sufficient evidence to support the defense that plaintiff suffered a sudden medical incapacitation resulting from transient ischemic attack or cardiac arrhythmia.

The plaintiff argues that "the trial court improperly extended...

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