Beck v. Carolina Power & Light, 398A82

Decision Date07 December 1982
Docket NumberNo. 398A82,398A82
Citation297 S.E.2d 397,307 N.C. 267
CourtNorth Carolina Supreme Court
PartiesSheila Locklear BECK, Administratrix of the Estate of Daryl Ivan Beck, Deceased v. CAROLINA POWER & LIGHT COMPANY.

Fred D. Poisson, Manning, Fulton & Skinner by Howard E. Manning, Raleigh, and Michael T. Medford, Pembroke, for defendant-appellant.

Harris, Bumgardner & Carpenter by Seth H. Langson, Gastonia, for North Carolina Academy of Trial Lawyers, amicus curiae.

Golding, Crews, Meekins, Gordon & Gray by John G. Golding, Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by Irvin W. Hankins, III, Charlotte, for North Carolina Ass'n of Defense Attorneys, amicus curiae.

PER CURIAM.

The facts in this case are fully stated in the decision of the Court of Appeals. Judge (now Justice) Harry C. Martin participated in the decision of this case as a member of the Court of Appeals and therefore took no part in the consideration or decision of the appeal before this Court. The remaining members of this Court were equally divided, three members voting to affirm the decision of the Court of Appeals and three members voting to reverse. Therefore the decision of the Court of Appeals is left undisturbed as the law of the case but stands without precedential value.

AFFIRMED.

MARTIN, J., took no part in the consideration or decision of this case.

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18 cases
  • Tatum v. Schering Corp.
    • United States
    • Alabama Supreme Court
    • 18 Marzo 1988
    ...v. Pancio, 65 A.D.2d 923, 410 N.Y.S.2d 454 (1978); Beck v. Carolina Power & Light Co., 57 N.C.App. 373, 291 S.E.2d 897, aff'd, 307 N.C. 267, 297 S.E.2d 397 (1982); Hyyti v. Smith, 67 N.D. 425, 272 N.W. 747 (1937); see Rubeck v. Huffman, 54 Ohio St.2d 20, 374 N.E.2d 411 (1978); E.G. Nicholas......
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    • North Carolina Court of Appeals
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    ...absence of even slight care," Beck [v. Carolina Power & Light Co.], 57 N.C.App. at 384, 291 S.E.2d at 904 [aff'd per curiam,307 N.C. 267, 297 S.E.2d 397 (1982) ], "indifference to the rights and welfare of others," id., and "negligence of an aggravated character." Cole, 81 N.C.App. at 219, ......
  • Hurley v. Miller
    • United States
    • North Carolina Court of Appeals
    • 1 Marzo 1994
    ...charge to the jury, this Court, in Beck v. Carolina Power & Light Co., 57 N.C.App. 373, 380, 291 S.E.2d 897, 901-02, aff'd, 307 N.C. 267, 297 S.E.2d 397 (1982), has When an error in the judge's charge is asserted by the appellant as a basis for reversal of the verdict below, the burden is o......
  • Connelly v. Family Inns of America, Inc.
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    ...57 N.C.App. 373, 383-84, 291 S.E.2d 897, 903 (quoting Brewer v. Harris, 279 N.C. 288, 297, 182 S.E.2d 345, 350 (1971)),aff'd 307 N.C. 267, 297 S.E.2d 397 (1982). The plaintiffs' forecast of evidence on the issue of willful and wanton conduct tended to show that the Family Inn failed to make......
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