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MYNHARDT v. ELON UNIVERSITY

No. COA11-668.

725 S.E.2d 632 (2012)

John Lee MYNHARDT, Plaintiff-Appellant, v. ELON UNIVERSITY; Lambda Chi Alpha, Inc.; Delta Pi Chapter of Lambda Chi Alpha; and Clinton Joseph Blackburn; John Ferrell Cassady; Charles Kenneth Caldwell, Jr.; David Williamson Wells; Linwood Brady Long; Brian Thomas McElroy; William Joseph Hartness; and Robert Lawrence Olson, also known as Robert S. Olson, Jr., Defendants-Appellants.

Court of Appeals of North Carolina.

May 1, 2012.

Attorney(s) appearing for the Case

Butler Daniel & Associates, Wilmington, by A.L. Butler Daniel ; Law Offices of G. Grady Richardson, Jr., P.C., by G. Grady Richardson, Jr. , Wilmington; and The Law Office of Michael S. Petty, by Michael S. Petty , Raleigh, for Plaintiff-Appellant.

Cranfill Sumner & Hartzog LLP, Raleigh, by Dan M. Hartzog and Kari R. Johnson , for Defendant-Appellee Elon University.

Brown, Crump, Vanore & Tierney, L.L.P., Raleigh, by O. Craig Tierney, Jr. , for Defendant-Appellee Lambda Chi Alpha, Inc.

McGEE, Judge.

Plaintiff was a twenty-one-year-old student at Elon University (Elon) in February 2007 when, tragically, he was involved in an incident that left him paralyzed. Plaintiff had been out with friends on the evening of 2 February 2007 and, around midnight, they ended up at a bar in Burlington. Plaintiff remained at the bar until it closed at 2:00 a.m. on the morning of 3 February 2007. Upon leaving the bar at 2:00 a.m., Plaintiff and three friends started...

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