CLAWSER v. CAMPBELL

No. COA06-1192.

646 S.E.2d 779 (2007)

Cornelius CLAWSER and wife, Marlene Clawser, Plaintiffs, v. Coralee CAMPBELL d/b/a Mason's Ruby and Sapphire Mine, Christine L. Mason, an incompetent person, by and through her Guardian, Cora Lee Campbell, Defendants.

Court of Appeals of North Carolina.

July 3, 2007.


Attorney(s) appearing for the Case

Melrose, Seago & Lay, P.A., by Randal Seago, Sylva, for plaintiffs-appellees.

Collins & Hensley, P.A., by Robert E. Hensley, Franklin, for defendants-appellants.


MARTIN, Chief Judge.

Defendants appeal from a judgment entered upon a jury verdict in favor of the plaintiffs totaling $187,500. For the reasons below, we vacate the trial court's judgment and remand for further proceedings after appointment of a proper guardian for defendant Mason.

The evidence before the trial tended to show that defendant Mason was, on the date this action was filed, approximately 90 years old and resided in a nursing facility for the elderly...

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