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MUTEFF v. INVACARE CORP.

No. COA11-495.

721 S.E.2d 379 (2012)

George M. MUTEFF, Executor of the Estate of Virginia C. Miller, Plaintiff-Appellant, v. INVACARE CORPORATION and American Mobility, LLC, Defendants-Appellees.

Court of Appeals of North Carolina.

February 7, 2012.

Attorney(s) appearing for the Case

Troutman Sanders LLP, by Gary S. Parsons , Gavin B. Parsons , D. Martin Warf , John R. Gerstein , Raleigh, and Meredith Werner, for Plaintiff-Appellant.

Hall, Rodgers, Gaylord & Millikan, PLLC, Cary, by Jonathan E. Hall and Kathleen M. Millikan , for Defendants-Appellees.

McGEE, Judge.

Virginia C. Miller (Ms. Miller) died on 22 November 2006 from severe burns she sustained when her house caught fire. Ms. Miller suffered from multiple sclerosis that adversely impacted her mobility and independence. She was assisted during the day by in-home caregivers from 9:00 or 10:00 a.m. until 5:00 or 6:00 p.m., but was alone at night. In the spring of 2005, Ms. Miller purchased a Pronto M71 self-propelled wheelchair (the wheelchair) from American...

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