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WADDELL v. METROPOLITAN SEWERAGE DIST.

No. COA09-620-2.

699 S.E.2d 469 (2010)

Timothy R. WADDELL, Individually and as Administrator of the Estate of Jill J. Waddell, deceased, and William Wayne Jameson, as Guardian ad litem of Emily Waddell, a minor child, and Reid Waddell, a minor child, Plaintiffs, v. METROPOLITAN SEWERAGE DISTRICT OF BUNCOMBE COUNTY, Tycole Enterprises, LLC, Civil Design Concepts, P.A., Judith W. Dawkins, Realty Executives WNC, Inc., Keith Vinson, and Waightstall Mountain, LLC, Defendants.

Court of Appeals of North Carolina.

September 7, 2010.

Attorney(s) appearing for the Case

Motley Rice LLC, Mount Pleasant, SC, by John D. Hurst ; and Wallace and Graham, P.A., Salisbury, by Michael B. Pross , for plaintiff-appellants.

Little & Little, PLLC, Raleigh, by Cathryn M. Little , for defendant-appellee Metropolitan Sewerage District of Buncombe County.

Van Winkle, Buck, Wall, Starnes and Davis, P.A., by W. James Johnson , Asheville, and Matthew W. Kitchens for defendant-appellee Civil Design Concepts, P.A.

STEELMAN, Judge.

Where the evidence presented at the summary judgment hearing clearly established that Ms. Waddell was contributorily negligent in sledding down a hill and colliding with an open and obvious above-ground manhole, the trial court did not err in granting summary judgment in favor of MSD and CDC.

I. Factual and Procedural Background

On 30 November 2004, Timothy and Jill Waddell purchased a home in Arden, Buncombe County, North...

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