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REUBEN LOREDO, and J. FRANK WOOD, JR., as Guardian ad Litem of
STACEY JAZMINE LOREDO, and THOMAS BERKAU, as Administrator of the
Estate of HENRY LOREDO, minor/deceased, and AMELIA TORRES,
Administratrix of the Estate of VICTORIA TORRES, Plaintiffs
CSX TRANSPORTATION, INC., NORFOLK SOUTHERN CORPORATION, NORFOLK SOUTHERN RAILWAY COMPANY, and D.A. GILBERT, Defendants/Third- Party Plaintiffs v. AMELIA TORRES, as Administratrix of the Estate of VICTORIA TORRES, FAMILY HOME & GARDEN, INC. (f/k/a FAMILY FARM SUPPLY, INC.), WALTER B. HORNE and wife, JANET G. HORNE, individually and d/b/a FAMILY EGG MARKET, Third-Party Defendants
Appeal pursuant to N.C.G.S. § 7A-30(2) from the
decision of a divided panel of the Court of Appeals, 169 N.C.
App. 508, 610 S.E.2d 225 (2005), affirming an order granting
summary judgment for defendants entered on 26 June 2003 by Judge
Henry W. Hight, Jr. in Superior Court, Wake County. Heard in the
Supreme Court 13 February 2006.
Mast, Schulz, Mast, Mills, Johnson & Wells, P.A., by Charles D. Mast, George B. Mast, David F. Mills, and T. Marie Mobley, for plaintiff-appellants Loredo, Wood, and Berkau, and Ward & Smith, P.A., by W.L. Allen III, for plaintiff-appellant Torres.
Millberg, Gordon & Stewart, by Frank J. Gordon, for defendant-appellee CSX Transportation, Inc.
Bode, Call & Stroupe, L.L.P., by Odes L. Stroupe, Jr. and John S. Byrd, II, for defendant-appellees Norfolk Southern Corporation, Norfolk Southern Railway Company, and D.A. Gilbert.
John J. Korzen counsel for the North Carolina Academy of Trial Lawyers, amicus curiae.
AFFIRMED. Justice MARTIN did not participate in the
consideration or decision of this case.
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