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KENNEDY v. POLUMBO

Nos. COA10-586, COA10-389.

704 S.E.2d 916 (2011)

Rebecca KENNEDY and Charles L. Kennedy, Co-Administrators of the Estate of Emily Elizabeth May, Plaintiffs-Appellants, v. Danielle POLUMBO, Brandi Reaves, Carolina Hospitality of Florida, Inc. d/b/a Carolina Hospitality, Inc., Fayetteville Miyabi, Inc., ACS State & Local Solutions, Inc., and The City of Fayetteville, North Carolina, Defendants. Rebecca Kennedy and Charles L. Kennedy, Co-Administrators of the Estate of Emily Elizabeth May, Plaintiffs-Appellants, v. Danielle Polumbo, Brandi Reaves, Carolina Hospitality of Florida, Inc. d/b/a Carolina Hospitality, Inc., Fayetteville Miyabi, Inc., ACS State & Local Solutions, Inc., and The City of Fayetteville, North Carolina, Defendants.

Court of Appeals of North Carolina.

February 1, 2011.

Attorney(s) appearing for the Case

James A. Davis & Associate, PLLC, Winston-Salem, by James A. David and Christopher D. Lane , for plaintiffs-appellants.

Robinson & Lawing, L.L.P., Winston-Salem, by Robert J. Lawing and H. Brent Helms , for defendant-appellee ACS State & Local Solutions.

The Charleston Group, Fayetteville, by R. Jonathan Charleston and Jose A. Coker , and Graebe Hanna & Welborn, PLLC, Raleigh, by Mark R. Sigmon , for defendant-appellee City of Fayetteville.

MARTIN, Chief Judge.

Plaintiffs are the co-administrators of the Estate of Emily Elizabeth May, who died tragically during the early morning hours of 17 May 2007 as a result of injuries sustained when the automobile in which she was a passenger struck a utility pole. Plaintiffs filed suit alleging that Ms. May's death was proximately caused by separate acts of negligence on the part of Danielle Polumbo, the driver of the...

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