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HART v. IVEY

No. 265A91.

420 S.E.2d 174 (1992)

332 N.C. 299

Sandra L. HART and Roger J. Hart, Plaintiffs, v. Howard L. IVEY, Jr. and John Rosenblatt and David King and David Howell and Mike's Discount Beverage, Inc., Defendants. and John Dennis LITTLE, Jr. and John Dennis Little, Sr., Defendants and Third-Party Plaintiffs, v. Howard L. IVEY, Jr., Third-Party Defendant.

Supreme Court of North Carolina.

September 4, 1992.

Attorney(s) appearing for the Case

Olive-Monnett, P.A. & Associates by Terry D. Brown and R. Gary Keith, Charlotte, for plaintiffs appellants-appellees.

Horack, Talley, Pharr & Lowndes by Neil C. Williams; Goodman, Carr, Nixon & Laughrun by Michael P. Carr; and Kennedy, Covington, Lobdell & Hickman by F. Fincher Jarrell, Charlotte, for defendants John Dennis Little, Sr. and John Dennis Little, Jr.

Golding, Meekins, Holden, Cosper & Stiles by John G. Golding and Terry D. Horne, Charlotte, for defendant appellantappellee Howard L. Ivey, Jr.

Hedrick, Eatman, Gardner & Kincheloe by Scott M. Stevenson, Charlotte, for defendant appellant-appellee John Rosenblatt.

Jones, Hewson & Woolard by Harry C. Hewson, Charlotte, for defendant appellant-appellee David King.

Underwood, Kinsey & Warren, P.A. by C. Ralph Kinsey, Jr. and Richard L. Farley, Charlotte, for defendant appellant-appellee David Howell.

WEBB, Justice.

At the outset, we note that although the plaintiffs have alleged that the guests at the party were charged $2.00 per person to drink beer, none of the parties to this case contend that the hosts at the party were selling beer. All agree that the defendants should be treated as social hosts.

The plaintiffs have brought this action based on the negligence of the defendants. The plaintiffs contend they have stated a claim for negligence on two...

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