Butz v. Holder

JOHNSON, Judge.

Our reasoning in Butz v. Holder, 112 N.C. App. 116, 434 S.E.2d 862 (1993) was based substantially on Gardner v. Gardner, 106 N.C. App. 635, 418 S.E.2d 260 (1992), rev’d, 334 N.C. 662, 435 S.E.2d 324 (1993) and Sorrells v. M. Y. B. Hospitality Ventures of Asheville, 108 N.C. App. 668, 424 S.E.2d 676, rev’d, 334 N.C. 669, 435 S.E.2d 320 (1993). Our Supreme Court has since issued opinions reversing both Gardner and Sorrells. Defendant timely petitioned for rehearing and we granted this petition.

We briefly revisit the facts of Butz. 13-year-old Dwayne John Butz was hit and killed…