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STATE AUTO INS. CO. v. BLIND

No. COA06-1530.

650 S.E.2d 25 (2007)

STATE AUTO INSURANCE COMPANY as Subrogee of C. James Leland Bantz and the Estate of James Leland Bantz by and Through His Administrator Theresa L. Bantz, Plaintiff v. Christian Earl BLIND, Defendant.

Court of Appeals of North Carolina.

September 4, 2007.

Attorney(s) appearing for the Case

Teague Campbell Dennis & Gorham, L.L.P. by Michael D. Moore, Raleigh, for plaintiff-appellant.

Robinson Elliott & Smith by Kevin D. Elliott, Charlotte, for defendant-appellee.

STROUD, Judge.

Plaintiff State Auto Insurance Co. appeals the trial court order awarding summary judgment to defendant Christian Earl Blind in a negligence action filed pursuant to North Carolina's survivorship statute, N.C. Gen.Stat. § 28A-18-1 (2005). Section 28A-18-1 provides that claims in favor of or against a decedent at the time of his death "shall survive to and against the personal representative or collector of his estate." N.C. Gen.Stat. § 28A...

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