Hinson v. Dawson

Plaintiff did not separately state tbe alleged cause of action for wrongful death and tbe alleged cause of action for personal injuries between date of injury and death and property damage. While the basis for each is the same wrongful act, the causes of action are separate and distinct. Each should have been alleged as a separate cause of action. The recovery in one is distributable differently from the recovery in the other. Hoke v. Greyhound Corp., 226 N.C. 332, 38 S.E. 2d 105.

However, the trial judge clarified this confusion in the pleading by submitting, without objection, issues of…