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RAINEY v. ST. LAWRENCE HOMES, INC.

No. COA04-1571.

621 S.E.2d 217 (2005)

Deborah RAINEY, Plaintiff, v. ST. LAWRENCE HOMES, INC., Braxton Development Company, L.L.C., M.T. Murphy Construction Co., Inc., and Penny Sekadlo d/b/a Penny Engineering Design, Defendants.

Court of Appeals of North Carolina.

November 15, 2005.

Attorney(s) appearing for the Case

Michael Levine, Chapel Hill, for plaintiff.

Bailey & Dixon, L.L.P., by David S. Coats and David S. Wisz, Raleigh, for defendant St. Lawrence Homes, Inc.

George B. Currin, Raleigh, for defendant Braxton Development Company.

Maupin Taylor, P.A., by John I. Mabe and Matthew F. Fussa, Raleigh, for defendants M.T. Murphy Construction Co., Inc. and Penny Sekadlo, d/b/a Penny Engineering Design.

HUDSON, Judge.

On 31 October 2003, plaintiff Deborah Rainey filed a complaint alleging: trespass to land and nuisance against defendants St. Lawrence Homes, Inc. ("St.Lawrence"), Braxton Development Group ("Braxton"), and M.T. Murphy Construction Co., Inc., ("Murphy"); and negligent design against Penny Sekadlo, d/b/a Penny Engineering Design ("Penny"). Defendants answered and later each moved for summary judgment. On 20...

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