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LEE v. RICE

No. COA01-1506.

572 S.E.2d 219 (2002)

Sherry LEE, Plaintiff, v. Earl RICE and Martha Rice, Cynthia Meadows and Michael Landis a/k/a Bobby Landis, Defendants.

Court of Appeals of North Carolina.

December 3, 2002.

Attorney(s) appearing for the Case

Cogburn, Goosmann, Brazil & Rose, P.A., by Patricia L. Arcuri, Asheville, for plaintiff appellee.

Frank J. Contrivo, P.A., by Andrew J. Santaniello, Asheville, for defendant appellants.

TIMMONS-GOODSON, Judge.

Earl Rice ("Rice") and his wife, Martha Rice (collectively, "defendants"), appeal from judgment entered upon a jury verdict finding them liable for injuries inflicted upon Sherry Lee ("plaintiff") by a pit bull dog. Defendants also appeal an order of the trial court denying their motions for a new trial and for judgment notwithstanding the verdict. For the reasons set forth herein, we vacate the judgment of the trial court.

On 28 January...

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