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MOSTELLER v. DUKE ENERGY CORP.

No. COA09-277.

698 S.E.2d 424 (2010)

Alicia Danielle MOSTELLER, Plaintiff, v. DUKE ENERGY CORPORATION, a North Carolina Corporation; Duke Energy Carolinas, LLC, a North Carolina Limited Liability Company; and William Ray Walker, Defendants.

Court of Appeals of North Carolina.

September 7, 2010.

Attorney(s) appearing for the Case

Brown, Moore & Associates, PLLC, Charlotte, by Jon R. Moore, for plaintiff-appellant.

Parker Poe Adams & Bernstein LLP, Charlotte, by John W. Francisco, for defendant-appellee Duke Energy Carolinas, LLC.

STROUD, Judge.

Alicia Danielle Mosteller ("plaintiff") was seriously injured when the car in which she was a passenger ran off of the roadway to avoid an oncoming vehicle and hit a utility pole located within the right of way. She filed a complaint alleging negligence against both defendant William Ray Walker, the driver, and defendant Duke Energy and negligence per se against defendant Duke Energy. The trial court dismissed her complaint with prejudice pursuant...

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