Brown v. North Carolina Wesleyan College, Inc.

BECTON, Judge.

On 3 December 1980, after a basketball game, plaintiffs intestate, a non-resident student and a cheerleader at defendant North Carolina Wesleyan College, was abducted from defendant's campus, along with two other cheerleaders, and was forced by one Kermit Smith to drive to a rock quarry near Roanoke Rapids, North Carolina, where she was raped and murdered. Smith was subsequently tried and convicted of the crimes. His convictions were upheld by the North Carolina Supreme Court. See State v. Smith, 305 N.C. 691, 292 S.E. 2d 264, cert. denied, --- U.S. ---,74 L.Ed. 2d 622, 103…