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BENTON v. HILLCREST FOODS, INC.

No. COA98-936.

524 S.E.2d 53 (1999)

Betty S. BENTON (now Absher), Administratrix of the Estate of James Lee Popwell, Deceased, Plaintiff, v. HILLCREST FOODS, INC.; Waffle House, Inc.; Daniel Hernandez, Jr.; Patsy Lefler Jones; and Waffle House Holding Company, Inc., Defendants. Arthur Franklin Brown, Plaintiff, v. Hillcrest Foods, Inc.; Waffle House, Inc.; Daniel Hernandez, Jr.; Patsy Lefler Jones; and Waffle House Holding Company, Inc., Defendants.

Court of Appeals of North Carolina.

December 21, 1999.

Attorney(s) appearing for the Case

Richard F. Harris, III, Charlotte, for plaintiffs appellants.

Templeton & Raynor, P.A., by Kenneth R. Raynor and Erik A. Schwanz, Charlotte, for defendant appellant Hillcrest Foods, Inc.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P., by Paul C. Lawrence, Charlotte, for defendants appellants Waffle House, Inc. and Waffle House Holding Company, Inc.

TIMMONS-GOODSON, Judge.

On the morning of 11 July 1993, at approximately 3:00 a.m., James Lee Popwell ("Popwell") and Arthur Franklin Brown ("Brown") (collectively "plaintiffs") entered the Waffle House restaurant ("the restaurant") located at 3309 Mulberry Church Road in Charlotte, North Carolina. The restaurant is owned by Hillcrest Foods, Inc. ("defendant Hillcrest" or "Hillcrest") and was operated according to a franchise agreement with Waffle House, Inc. and...

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