DANIELS EX REL. WEBB v. REEL

No. COA98-238.

515 S.E.2d 22 (1999)

Dallas E. DANIELS, by and through his Guardian ad Litem, William D. WEBB; Donald E. Daniels; and Angela M. Daniels; Plaintiffs, v. Edwin L. REEL, III; Edwin L. Reel, Jr.; The American Legion and Its Subdivisions; The American Legion Department of North Carolina, Incorporated; and Cary American Legion Post 67, Inc.; Defendants. Graham Trent Ellis and Howard Ellis, Jr., Plaintiffs, v. Edwin L. Reel, III; Edwin L. Reel, Jr.; The American and Its Subdivisions; The American Legion Department of North Carolina, Incorporated; and Cary American Legion Post 67, Inc.; Defendants. Harry H. Hurley and Nancy C. Hurley, Co-Administrators of the Estate of Douglas C. Hurley, Plaintiffs, v. Edwin L. Reel, III; Edwin L. Reel, Jr.; The American and Its Subdivisions; The American Legion Department of North Carolina, Incorporated; and Cary American Legion Post 67, Inc.; Defendants.

Court of Appeals of North Carolina.

April 20, 1999.


Attorney(s) appearing for the Case

Edwards & Kirby, L.L.P., by David F. Kirby and William B. Bystrynski, Raleigh, for plaintiff-appellants Dallas E. Daniels, Donald E. Daniels, and Angela M. Daniels.

Law Offices of Walter Lee Horton, by Walter Lee Horton, Raleigh, for plaintiff-appellants Graham Trent Ellis and Howard Ellis, Jr.

DeMent, Askew, Gammon, DeMent & Overby, by Angela L. Dement, Raleigh, for plaintiff-appellants Harry H. Hurley and Nancy C. Hurley.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., by James D. Blount, William H. Moss, and Deanna L. Davis, Raleigh, for defendant-appellee The American Legion.

Patterson, Dilthey, Clay & Bryson, L.L.P., by Charles A. Madison and Melissa Ross Matton, Raleigh, for defendant-appellee The American Legion Department of North Carolina, Inc.

Teague, Campbell, Dennis & Gorham, L.L.P., by Thomas M. Clare and Kurt F. Hausler, Raleigh, for defendant-appellee Cary American Legion Post 67, Inc.


LEWIS, Judge.

This case is at the summary judgment stage. Therefore, the forecast evidence must be viewed in the light most favorable to the plaintiff when reviewing the grant of summary judgment. See Thompson v. Three Guys Furniture Co., 122 N.C. App. 340, 344, 469 S.E.2d 583, 585 (1996). The evidence tends to show that defendant Cary American...

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