From Casetext: Smarter Legal Research

Cobb v. Town of Blowing Rock

Supreme Court of North Carolina.
Jan 27, 2012
365 N.C. 414 (N.C. 2012)

Opinion

No. 300A11.

2012-01-27

Chelsea Amanda Brooke COBB, by and through D. Rodney KIGHT, Jr., her Guardian ad Litem; and Robert B. Cobb, Father of Plaintiff, Individually v. TOWN OF BLOWING ROCK, a Municipal Corporation, and City of Blowing Rock, a Municipal Corporation.

Brown Moore & Associates, PLLC, Charlotte, by R. Kent Brown, for plaintiff-appellees. Clawson & Staubes, PLLC, Charlotte, by Andrew J. Santaniello and Summer D. Eudy, for defendant-appellant Town of Blowing Rock.


Appeal pursuant to N.C.G.S. § 7A–30(2) from the decision of a divided panel of the Court of Appeals, ––– N.C.App. ––––, 713 S.E.2d 732 (2011), finding error in a judgment entered on 17 October 2008 and an order entered on 30 March 2009, both by Judge Anderson D. Cromer in Superior Court, Watauga County, and remanding for a new trial. Heard in the Supreme Court on 11 January 2012. Brown Moore & Associates, PLLC, Charlotte, by R. Kent Brown, for plaintiff-appellees. Clawson & Staubes, PLLC, Charlotte, by Andrew J. Santaniello and Summer D. Eudy, for defendant-appellant Town of Blowing Rock. Poisson, Poisson & Bower, PLLC, Wilmington, by E. Stewart Poisson; and Goldsmith, Goldsmith & Dews, P.A., Marion, by Frank Goldsmith, for North Carolina Advocates for Justice, amicus curiae.PER CURIAM.

For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed.

REVERSED.


Summaries of

Cobb v. Town of Blowing Rock

Supreme Court of North Carolina.
Jan 27, 2012
365 N.C. 414 (N.C. 2012)
Case details for

Cobb v. Town of Blowing Rock

Case Details

Full title:Chelsea Amanda Brooke COBB, by and through D. Rodney KIGHT, Jr., her…

Court:Supreme Court of North Carolina.

Date published: Jan 27, 2012

Citations

365 N.C. 414 (N.C. 2012)
365 N.C. 414

Citing Cases

King v. Brooks

This Court has previously upheld a refusal to give an instruction to the jury where the instruction misstated…

Draughon v. Evening Star Holiness Church of Dunn

Yet, as Branks and the other cases cited involved invitees, these cases are still applicable because the…