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COPELAND v. AMWARD HOMES OF N.C., INC.

No. COA18-1021.

837 S.E.2d 903 (2020)

William Everett COPELAND IV and Catherine Ashley F. Copeland, Co-Administrators of the Estate of William Everett Copeland, Plaintiffs, v. AMWARD HOMES OF N.C., INC., Crescent Communities, LLC; and Crescent Hillsborough, LLC, Defendants.

Court of Appeals of North Carolina.

Filed: January 7, 2020.

Attorney(s) appearing for the Case

Edwards Kirby, LLP, Raleigh, by David F. Kirby and William B. Bystrynski , and Holt Sherlin LLP, by C. Mark Holt and David L. Sherlin , for plaintiffs-appellants.

Cranfill Sumner & Hartzog LLP, Raleigh, by Susan K. Burkhart and F. Marshall Wall , for defendants-appellees.

Five-year-old Everett Copeland died after an overloaded dump truck rolled away and struck him as he played near his home. The dump truck was left unattended, with its engine running and without wheel chocks, at a home construction site up a hill from the Copeland's home.

This case screams of negligence—by the dump truck...

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