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SIMPSON v. HATTERAS ISLAND GALLERY REST., INC.

No. 9227SC51.

427 S.E.2d 131 (1993)

109 N.C. App. 314

Barbara SIMPSON, Executrix of the Estate of William Simpson, M.D. v. HATTERAS ISLAND GALLERY RESTAURANT, INC. v. WILLIE R. ETHERIDGE SEAFOOD CO., INC.

Court of Appeals of North Carolina.

March 16, 1993.

Attorney(s) appearing for the Case

Hedrick, Eatman, Gardner & Kincheloe by Gregory C. York and G. Lee Martin, Charlotte, for third-party plaintiff.

Waggoner, Hamrick, Hasty, Monteith, Kratt & McDonnell by S. Dean Hamrick and Michael J. Rousseaux, Charlotte, for third-party defendant.

WYNN, Judge.

This appeal arises from a personal injury and wrongful death action brought by the plaintiff, Barbara Simpson, originally against the defendant and third-party plaintiff, Hatteras Island Gallery Restaurant, Inc. [hereinafter Restaurant], for the death of her husband, Dr. William Simpson. Dr. Simpson's death was determined to be the result of scombroid fish poisoning, which results from elevated levels of histamine in the scombroid fish family, allegedly...

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