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WORTHY v. IVY COMMUNITY CENTER, INC.

No. COA08-458.

679 S.E.2d 885 (2009)

Angela WORTHY, Individually, and Shanalda McLean, a Minor Child, by and through her Guardian Ad Litem, Angela Worthy, Plaintiffs, v. The IVY COMMUNITY CENTER, INC; Cecilia Watson Blackwell, Executrix of The Estate of Gordon L. Blackwell, Deceased; Transom Development, Inc., f/k/a Regency Development Associates, Inc., The Ivy Commons Limited Partnership, d/b/a Ivy Commons Apartments; The City of Durham; Jackie Marrow; and Interstate Management Consultants, Inc., Defendants.

Court of Appeals of North Carolina.

August 4, 2009.

Attorney(s) appearing for the Case

Perry, Perry & Perry, P.A., by Robert T. Perry, Durham, for plaintiffs-appellants.

Hoof & Hughes, PLLC, by J. Bruce Hoof, Durham, for defendants-appellees.

GEER, Judge.

Plaintiffs Shanalda McLean and her legal guardian and guardian ad litem Angela Worthy appeal from the trial court's order granting summary judgment to defendants on plaintiffs' negligence claim.1 We agree with plaintiffs' contention that summary judgment was improper as plaintiffs' forecast of evidence raised triable issues of fact regarding Shanalda's legal status on the property and as to the cause of the fire resulting...

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