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STATE v. BRUNSWICK ELEC. MEMBERSHIP CORP.

No. COA98-492.

514 S.E.2d 526 (1999)

Bobby Lee SWEAT, Plaintiff, v. BRUNSWICK ELECTRIC MEMBERSHIP CORPORATION, Defendant. Linda McGovern Braswell, Personal Representative of the Estate of James Francum Braswell, Jr., Plaintiff, v. Brunswick Electric Membership Corporation, Defendant.

Court of Appeals of North Carolina.

April 20, 1999.

Attorney(s) appearing for the Case

Hedrick & Blackwell, L.L.P., by P. Scott Hedrick, Wilmington; and Hearn, Brittain & Martin, P.A., by L. Morgan Martin and George M. Hearn, Jr., Conway, for plaintiffsappellants.

Johnson & Lambeth, by Robert White Johnson, Wilmington, for defendant-appellee.

WALKER, Judge.

On 9 November 1994, Bobby Lee Sweat ("plaintiff") and James Francum Braswell ("decedent") were installing vinyl siding on a house under construction located on East Second Street in Ocean Isle Beach, North Carolina. The house being constructed was over 30 feet in height and had been under construction since July of 1994. Plaintiff and decedent were using a forty-foot aluminum extension ladder to work on a window located approximately 30 feet above the...

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