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MICHAEL v. HUFFMAN OIL CO., INC.

No. COA07-1293.

661 S.E.2d 1 (2008)

Patsy MICHAEL, individually and as Administrator of the Estate of David Gwean Michael, deceased; and Meredith T. Michael, individually and as Administrator of the Estate of Christopher Robert Michael, deceased; Plaintiffs, v. HUFFMAN OIL COMPANY, INC.; City of Burlington, North Carolina; Arcadis Fps, Inc., formerly doing business as Finkbeiner, Pettis & Strout, Inc.; and Paul Howard Construction Company, Inc.; Defendants.

Court of Appeals of North Carolina.

May 6, 2008.

Attorney(s) appearing for the Case

Conner, Gwyn, Schenck, P.L.L.C., by C. Hamilton Jarrett, Raleigh, for plaintiff-appellants.

Cranfill, Sumner & Hartzog, L.L.P., by Patrick H. Flanagan, Ryan D. Bolick and Melody J. Canady, Charlotte, for defendant-appellee City of Burlington, North Carolina.

Parker, Poe, Adams & Bernstein, L.L.P., by Thomas N. Griffin, III and John E. Grupp, Charlotte, for defendant-appellee Arcadis FPS, Inc.

No brief was submitted by defendants Huffman Oil Company, Inc. or Paul Howard Construction Company.

TYSON, Judge.

Patsy Michael and Meredith T. Michael (collectively, "plaintiffs"), both individually and as Administrators of the Estates of David Gwean Michael and Christopher Robert Michael, respectively, appeal from orders: (1) excluding expert testimony by plaintiffs' witness, Dr. Wu-Seng Lung, Ph.D., P.E. ("Dr.Lung") regarding the standard of care applicable to Arcadis FPS, Inc. ("Arcadis") and the City of Burlington...

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