HARRELL v. BOWEN

No. 587PA06.

655 S.E.2d 350 (2008)

Richard HARRELL v. Melvin BOWEN, Administrator of the Estate of Chelson Earl Perry.

Supreme Court of North Carolina.

January 25, 2008.


Attorney(s) appearing for the Case

Keel O'Malley, L.L.P., by Joseph P. Tunstall, III, Tarboro, NC, for plaintiff-appellant.

Valentine, Adams, Lamar, Murray, Lewis & Daughtry, L.L.P., by Kevin N. Lewis, Nashville, NC, for defendant-appellee.


BRADY, Justice.

In this case we determine whether, as a matter of law, a claim for punitive damages may be asserted against a decedent's estate on the basis of his alleged "egregiously wrongful acts." We hold that it may not and therefore affirm the decision of the Court of Appeals.

BACKGROUND

On 19 May 2005, plaintiff Richard Harrell filed a summons and complaint initiating a civil action against Melvin Bowen (defendant) in his capacity as...

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