DAVIS v. HULSING ENTERPRISES, LLC

No. 160A16.

810 S.E.2d 203 (2018)

Thomas A.E. DAVIS, Jr., Administrator of the Estate of Lisa Mary Davis v. HULSING ENTERPRISES, LLC; Hulsing Hotels NC Management Company; Hulsing Hotels North Carolina, Inc.; Hulsing Hotels, Inc. d/b/a Crowne Plaza Tennis & Golf Resort Asheville and Mulligan's.

Supreme Court of North Carolina.

Filed March 2, 2018.


Attorney(s) appearing for the Case

Charles G. Monnett III , Charlotte, for plaintiff-appellee.

Northup McConnell & Sizemore, PLLC, Asheville, by Isaac N. Northup, Jr. , for defendant-appellants.

Jordan Price Wall Gray Jones & Carlton, Raleigh, by R. Frank Gray and Lori P. Jones , for North Carolina Restaurant and Lodging Association, amicus curiae.


In this case we are asked to consider whether North Carolina recognizes plaintiff's first-party claim for dram shop liability and if so, whether that claim is barred by the contributory negligence of the decedent. Based upon our conclusion that plaintiff cannot recover because of the decedent's contributory negligence, we do not...

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