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POAGE v. COX

No. COA18-1066.

828 S.E.2d 536 (2019)

Cheryl Christine POAGE, individually and as Executrix of the Estate of Robert Batement Poage, Plaintiffs, v. Ira COX; Gail Cox; and Schoenen Pool and Spa, LLC, Defendants.

Court of Appeals of North Carolina.

Filed: May 7, 2019.

Attorney(s) appearing for the Case

Fox Rothschild LLP, Greensboro, by Robert H. Edmunds, Jr. , Kip David Nelson , and Jules Zacher , pro hac vice, for plaintiff-appellants.

Hedrick Gardner Kincheloe & Garofalo LLP, Charlotte, by M. Duane Jones , for defendant-appellees Cox.

Robert B. Laws for defendant-appellee Schoenen Pool and Spa, LLC.

Cheryl Christine Poage appeals the trial court's order granting summary judgment to Ira and Gail Cox ("the Coxes") and Schoenen Pool and Spa, LLC, ("Schoenen"). We affirm in part, reverse in part, and remand.

I. Background

The Coxes owned a mountain cabin ("the...

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