FULMORE v. HOWELL

No. COA12-1384.

741 S.E.2d 494 (2013)

Mary E. FULMORE, Administrator of the Estate of Priscilla Ann Maultsby, Plaintiff, v. Gregory HOWELL and PFS Distribution Company, Inc., Defendants.

Court of Appeals of North Carolina.

May 7, 2013.


Attorney(s) appearing for the Case

Joretta Durant, P.C., Kinston, by Joretta Durant , for plaintiff-appellant.

Wharton, Aldhizer & Weaver, PLC, by Charles F. Hilton, Esq. , for defendants-appellees.


STROUD, Judge.

Plaintiff appeals summary judgment order granting defendants' motion for summary judgment based upon the doctrine of sudden emergency. For the following reasons, we affirm.

I. Background

Plaintiff, the administrator of the estate of Priscilla Maultsby, filed a complaint alleging defendants were liable for Ms. Maultsby's death. Plaintiff alleged that defendant Gregory "Howell was an agent or employee" of defendant PFS Distribution Company...

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