ESTATE OF GRAHAM v. MORRISON

No. COA02-610.

576 S.E.2d 355 (2003)

ESTATE OF Thomas GRAHAM, and Kay Frances Fox Taylor, Plaintiffs, v. Lucille MORRISON, John Hallman, and Ladd Morrison, Defendants.

Court of Appeals of North Carolina.

February 18, 2003.


Attorney(s) appearing for the Case

Samuel A. Wilson, III, Charlotte, for plaintiffs-appellees.

Lawrence U. Davidson, III, Charlotte, for defendants-appellants.


TYSON, Judge.

Defendants appeal from a grant of partial summary judgment in favor of the plaintiff. We reverse and remand for trial.

I. Background

In May 2000, Thomas Graham, a diabetic amputee, was in poor health. Mr. Graham's niece, Lucille Morrison ("Lucille"), helped care for Mr. Graham and often stayed with him during the night. Lucille also cared for Mr. Graham's wife, Melinda, prior to her death in 1991.

On 31 May 2000, Mr....

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