ESTES v. COMSTOCK HOMEBUILDING COMPANIES

No. COA08-730.

673 S.E.2d 399 (2009)

David ESTES, as Trustee for Estes Family Revocable Trust, Plaintiff v. COMSTOCK HOMEBUILDING COMPANIES, INC.; Comstock Holding Company, Inc., Comstock Homes of North Carolina, L.L.C. and Comstock Homes of Raleigh, L.L.C. and Heidi Haskell, Defendants.

Court of Appeals of North Carolina.

March 3, 2009.


Attorney(s) appearing for the Case

Brown, Crump, Vanore & Tierney, L.L.P., by R. Scott Brown and W. John Cathcart, Jr., Raleigh, for plaintiff-appellee.

Heidi Haskell, defendant-appellee, pro se.

Ragsdale Liggett PLLC, by Walter L. Tippett, Jr. and Amie C. Sivon, Raleigh, for defendant-appellants.


HUNTER, Judge.

On 19 April 2004, a fire negligently started by defendant Heidi Haskell ("Ms. Haskell"), an employee of defendant Comstock ("Comstock")1, caused damage to a house located at 1004 Fairfax Woods Drive in Apex, North Carolina. At the time of the fire, the house was owned by David Estes ("plaintiff"), as Trustee for Estes Family Revocable Trust, but was leased to Comstock as the sales model home for a housing subdivision. Plaintiff...

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