Franklin v. Winn Dixie Raleigh, Inc., 342 N.C. 404 (1995)

Dec. 8, 1995 · Supreme Court of North Carolina · No. 610A94
342 N.C. 404

EUGENE K. FRANKLIN, DAVID L. FRANKLIN, Co-Executors of the Estate of Henry B. Franklin, and WAVA K. FRANKLIN v. WINN DIXIE RALEIGH, INC.

No. 610A94

(Filed 8 December 1995)

Appeal by plaintiffs pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 117 N.C. App. 28, 450 S.E.2d 24 (1994), affirming the trial court’s dismissal of plaintiff’s action entered by Weeks, J., on 2 July 1993 in Superior Court, Wake County. On 9 February 1995, this Court allowed discretionary review of additional issues. Heard in the Supreme Court 16 November 1995.

Marvin Schiller and William E. Moore, Jr., for plaintiff - appellants.

Patterson, Dilthey, Clay & Bryson, L.L.P., by G. Lawrence Reeves, Jr., for defendant-appellee.


The decision of the Court of Appeals is affirmed based on the authority of Crossman v. Moore, 341 N.C. 185, 450 S.E.2d 715 (1995).


Justice Orr did not participate in the consideration or decision of this case.