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WILKERSON v. NORFOLK SOUTHERN RY. CO.

No. COA01-330.

566 S.E.2d 104 (2002)

Sandra O. WILKERSON, Ancillary Administratrix of the Estate of Johnnie Alan Wilkerson, and Sandra O. Wilkerson, Individually, Plaintiffs, v. NORFOLK SOUTHERN RAILWAY COMPANY, and the City of Durham, a Municipal Corporation, Defendants.

Court of Appeals of North Carolina.

July 16, 2002.

Attorney(s) appearing for the Case

Law Offices of William F. Maready, by William F. Maready, Celie B. Richardson, and Gary V. Mauney, Winton-Salem, for plaintiff appellant.

Faison & Gillespie, by Reginald B. Gillespie, Jr., and Keith D. Burns, Durham, for The City of Durham defendant appellee.

THOMAS, Judge.

Based on its interpretation of governmental immunity, the trial court in this case granted the summary judgment motion of defendant, the City of Durham (the City). Plaintiff appeals.

The complaint stems from a collision between a truck driven by Johnnie Alan Wilkerson and an Amtrak train at the Plum Street railroad crossing in Durham, North Carolina. The accident, which occurred on 18 June 1998, resulted in Wilkerson's death.

Plaintiff...

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