CHRISTENBURY v. HEDRICK

No. 7625SC799.

234 S.E.2d 3 (1977)

32 N.C. App. 708

Mary H. CHRISTENBURY v. Danny L. HEDRICK, Administrator of the Estate of James Stewart Christenbury, Deceased.

Court of Appeals of North Carolina.

April 6, 1977.


Attorney(s) appearing for the Case

Sigmon & Sigmon by Jesse Sigmon, Jr., Newton, for plaintiff-appellant.

Byrd, Byrd, Ervin & Blanton, P.A. by Robert B. Byrd, Morganton, for defendant-appellee.


BRITT, Judge.

Did the trial court err in concluding that the complaint does not state a claim upon which relief can be granted and dismissing the action? We hold that it did not.

Decision in this case involves construction and application of our wrongful death statute since the amendments of 1969. The statute, now codified as G.S. 28A-18-2 provides in pertinent part:

"Death by wrongful act of another; recovery not assets.—(a) When the death...

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