Legal Opinion

Draughon v. Evening Star Holiness Church of Dunn

Court of Appeals of North Carolina

Decided May 7, 2019No. COA18-887PublishedCited by 2 opinions

1Opinion of the Court

INMAN, Judge.

Plaintiff Milton Draughon, Sr., ("Plaintiff") appeals from an order granting summary judgment in favor of Defendant/Third-Party Plaintiff Evening Star Holiness Church of Dunn (the "Church") on Plaintiff's negligence claims. Plaintiff argues that summary judgment was improper, asserting a genuine issue of material fact existed as to: (1) the presence of a legal duty owed to him by the Church; and (2) his contributory negligence in falling on a set of stairs leading into the Church while carrying a casket. After careful review, we reverse the ruling of the trial court.

I. FACTUAL…

2Cases cited15 opinions

  1. In Re the Will of JonesSupreme Court of North Carolina · 2008
  2. Smith v. Fiber Controls Corp.Supreme Court of North Carolina · 1980
  3. First Federal Savings & Loan Ass'n v. Branch Banking & Trust Co.Supreme Court of North Carolina · 1972
  4. Lamm v. Bissette Realty, Inc.Supreme Court of North Carolina · 1990
  5. Von Viczay v. ThomsCourt of Appeals of North Carolina · 2000

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3Cited by2 opinions

  1. Draughon v. Evening Star Holiness Church of DunnSupreme Court of North Carolina · 2020
  2. Draughon v. Evening Star Holiness Church of DunnSupreme Court of North Carolina · 2020

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