Barbee v. Johnson

BRYANT, Judge.

Bruce Barbee (plaintiff) appeals from an order entered 18 October 2006 granting John Linwood and Barbara H. Johnson’s (defendants’) motion to dismiss and motion for summary judgment. We reverse the trial court’s order. .

Plaintiff and Kathryn Barbee (deceased) owned vacation property on Topsail Island, North Carolina. On 3 April 2004, plaintiff visited Kathryn at Britthaven Rest Home in Jacksonville, North Carolina, where she was recovering from a hip fracture. The same day, defendants, defendants’ friend Sharon Stanley, and Ms. Bobby Allen, a Johnston County notary public, came…