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DAVIES EX REL HARDY v. LEWIS

No. COA98-701.

514 S.E.2d 742 (1999)

Lee Jeter DAVIES, Guardian ad Litem for Elizabeth H. HARDY, a minor, and Lee Jeter Davies, Individually, Plaintiffs, v. Forrest Ray LEWIS, Jan Lewis, and Lucy Lewis, Defendants.

Court of Appeals of North Carolina.

May 4, 1999.

Attorney(s) appearing for the Case

Anderson, Daniel & Coxe, by Henry L. Anderson, Jr., Wrightsville Beach, for plaintiff-appellants.

Marshall, Williams & Gorham, L.L.P., by William Robert Cherry, Jr., and John L. Coble, Wilmington, for defendant-appellees.

LEWIS, Judge.

On the afternoon of 19 August 1994 and at the invitation of defendant Lucy Lewis ("Lucy"), age thirteen, plaintiff Elizabeth H. Hardy ("Elizabeth"), age fourteen, traveled on the Intracoastal Waterway via her personal watercraft (referred to in both parties' briefs as a "wave runner") to visit Lucy. Lucy was waiting for Elizabeth on defendants' floating dock, which was part of the pier extending from defendants' property into the Waterway. After Elizabeth...

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