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DOWLESS v. KROGER CO.

No. COA01-158.

557 S.E.2d 607 (2001)

Nancy DOWLESS and Purlie Dowless, Plaintiffs, v. KROGER COMPANY and Ohio Wesleyan University, Defendants.

Court of Appeals of North Carolina.

December 28, 2001.

Attorney(s) appearing for the Case

Cooper, Davis & Cooper, by James M. Cooper, Fayetteville, for plaintiff-appellants.

Young Moore and Henderson, P.A., by Brian O. Beverly, Raleigh, for defendant-appellee Kroger Company.

Cranfill, Sumner & Hartzog, L.L.P., by Leigh Ann Smith and Jaye E. Bingham, Raleigh, for defendant-appellee Ohio Wesleyan University.

HUNTER, Judge.

Nancy Dowless ("Dowless") and her husband Purlie Dowless (together "plaintiffs") appeal from the trial court's grant of summary judgment in favor of defendants Kroger Company ("Kroger") and Ohio Wesleyan University ("Ohio Wesleyan"). We affirm summary judgment as to Kroger, but reverse and remand as to Ohio Wesleyan.

The evidence before the trial court on defendants' motion for summary judgment tended to establish the following facts. Dowless...

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