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GREEN v. FISHING PIERS, INC.

No. COA10-1610.

714 S.E.2d 510 (2011)

John F. GREEN, II, Guardian Ad Litem of Trentyn C. Lewis (A Minor), Plaintiff-Appellee, v. FISHING PIERS, INC., Individually and d/b/a High Tide Lounge and/or Flounders and/or Carolina Beach Fishing Pier; and Betty Jo Phelps, Defendants/Third-Party Plaintiffs-Appellants, v. Estate of Daryll Lutz, Third-Party Defendant-Appellee.

Court of Appeals of North Carolina.

August 16, 2011.

Attorney(s) appearing for the Case

No Brief for Plaintiff-Appellee.

Hedrick, Gardner, Kincheloe & Garofalo, L.L.P., by Scott Lewis , Wilmington, and M. Duane Jones , Charlotte, for Defendants/Third-Party Plaintiffs-Appellants.

Marshall, Williams & Gorham, L.L.P, Wilmington, by William Robert Cherry, Jr. , for Third-Party Defendant-Appellee.

McGEE, Judge.

The undisputed facts in this case show that Daryll Lutz (Ms. Lutz), Chad R. Lewis (Mr. Lewis), and Dustin Lewis spent the evening of 14 August and the early morning of 15 August 2008 at the High Tide Lounge (the Lounge), a bar in Carolina Beach. Though Ms. Lutz was only twenty years old at the time, she was served alcohol while at the Lounge. Ms. Lutz left the Lounge and drove away in her vehicle, with Mr. Lewis and Dustin Lewis as passengers. Ms. Lutz...

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