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COLEMAN v. HINES

No. COA98-938.

515 S.E.2d 57 (1999)

Judith COLEMAN, Administrator of the Estate of Kathy Ann Musso, Plaintiff, v. William Wirt HINES and Hubert Palmer Hines, Defendants.

Court of Appeals of North Carolina.

May 4, 1999.

Attorney(s) appearing for the Case

Charles R. Hassell, Jr., Raleigh, for plaintiff appellant-appellee.

Bailey & Dixon, by Gary S. Parsons, Raleigh, for Hubert Palmer Hines, defendant appellant-appellee.

Smith Law Offices, P.C., by Robert E. Smith, Raleigh, for William Wirt Hines, defendant appellee.

HORTON, Judge.

Although plaintiff and Mr. Hines raise a variety of issues in their briefs, the central question before this Court is whether Ms. Musso contributed by her own actions to her own death so that plaintiff's claim for wrongful death is barred.

In cases involving the issue of the contributory negligence of a passenger for agreeing to ride in an automobile operated by an intoxicated person, the elements to be proved are: "(1) the driver was under...

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