WILLIAMS v. WOODMEN FOUNDATION

No. COA16-167.

792 S.E.2d 876 (2016)

Jaekwon WILLIAMS, a Minor, By and Through His Guardian Ad Litem, David Jones, Darrius Williams and Jasmine Williams, Plaintiffs, v. WOODMEN FOUNDATION D/b/a Lions Water Adventure Park, AKA Woodmen Foundation, A Nebraska Not-For Profit Corporation; City of Rocky Mount D/b/a City of Rocky Mount Parks & Recreation Department D/b/a Quest Summer Day Camp; County of Lenoir D/b/a City of Kinston/Lenoir County Parks & Recreation Department and City of Kinston D/b/a City of Kinston/Lenoir County Parks & Recreation Department; O'Neal, Jordan Shear, Harrison Wiggins, Unnamed Lions Water Adventure Park Lifeguards And Unnamed Persons With Managerial, Operational and Supervisory Responsibility for Lions Water Adventure Park; Jarron Parker, Michael Deloatch, Tina Moore, Justin Atkinson, Tiara Battle And Unnamed Quest Summer Day Camp Employees; Unnamed Rocky Mount Parks & Recreation Department Employees; Unnamed Kinston/lenoir County Parks & Recreation Department Employees, Defendants.

Court of Appeals of North Carolina.

Filed: November 15, 2016.


Attorney(s) appearing for the Case

Taft, Taft & Haigler, PA, by Thomas F. Taft, Sr. and Lindsey A. Bullard , and Richardson, Patrick, Westbrook & Brickman, LLC, by Terry E. Richardson, Jr. and Brady R. Thomas , pro hac vice, for plaintiff-appellees.

Cranfill Sumner & Hartzog LLP, Raleigh, by Dan M. Hartzog , Jaye E. Bingham-Hinch , Meredith Taylor Berard , and Stephanie Gaston Poley , for defendant-appellants City of Kinston, Caroline Banks, Stephen Corbett Hall, Jordan Shear, and Harrison Wiggins.

Cauley Pridgen PA, Wilson, by James P. Cauley, III and David M. Rief , for defendant-appellants City of Kinston, Caroline Banks, Stephen Corbett Hall, Jordan O'Neal, Jordan Shear, and Harrison Wiggins.

Teague Campbell Dennis & Gorham LLP, Raleigh, by Bryan T. Simpson and Natalia K. Isenberg , for defendant-appellant County of Lenoir.

Allen Moore & Rogers LLP, by Jody Moore , and Williams Mullen , by Elizabeth D. Scott , for defendant-appellee Woodmen Foundation d/b/a Lions Water Adventure Park, aka Woodmen Foundation. No brief filed.1


Where the only cause of action is against defendant-appellants who were not voluntarily dismissed from the case and that cause of action is based solely on allegations of what occurred in Lenoir County, venue is improper in Edgecombe County, and we reverse the order of the trial court.

Jaekwon Williams, a minor, by and through...

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