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Let others know about your loved one's death. Extended family and friends are being received at the home of nephew; Mr. Alford " Scooter Man" McKoy, 67, of Lillington, NC, passed away at his residence on Monday, April 24, 2023. In his affidavit, Plaintiff stated that this defect could not be perceived by the naked eye at a reasonable distance while climbing those stairs [or] while walking down the stairs or while walking up the stairs. By contrast, in Bolick and Von Viczay it was undisputed that the hazards were known to the plaintiffs. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. [The] standard of review of an appeal from summary judgment is de novo. In re Will of Jones, 362 N.C. 569, 573, 669 S.E.2d 572, 576 (2008). You can unsubscribe at any time. Service arrangements are incomplete at this time and will be announced. There is no photo or video of Atward Tyrone Warren.Be the first to share a memory to pay tribute. Plaintiff filed suit against the Church on 22 August 2017, alleging negligence, negligence per se, and res ipsa loquitur arising out of the stair's defective and dangerous condition, i.e., the difference in height between the top step and the ones below it. Our beloved Anna Sophia (Sophie) Del Fabro passed away suddenly on November 14, 2021 at her home in Lenexa, KS at the age of 36. For the past three years he has lived in Brooklyn with his devoted partner of five years, Steve Asher, with whom he enjoyed living a life together, and playing with their dog Lily. 150 N.C. App. Copyright 2023 Echovita Inc. All rights reserved. You can call 718-238-6978 and place your order. Visiting Hours will be held on Monday, September 06, 2021, Funeral Services will begin 9:30amwith Friends and Family welcome to gather, for a Final Farewell before the funeral procession commences at 10:15am, 1629 Bushwick Avenue Brooklyn, New York 11208, the family of Rosalina Manino would appreciate donations made to, National Down Syndrome Society- https://give.ndss.org/give/60261/#!/donation/checkout. From Business: Each one of us is unique with our own story to tell. Similarly, in Von Viczay, the plaintiff walked down an icy path to the front door of a home to attend a party. The party moving for summary judgment holds the burden of showing there is no genuine issue of fact remaining for determination and that he is entitled to judgment as a matter of law. First Fed. Alford "Scooter Man" McKoy The rises between the five concrete steps (that is, between the first and second, the second and third, the third and fourth, and the fourth and fifth) are all concrete and are uniform in height, about 6.5 inches each. Service arrangements are incomplete at this time and will be announced. Plaintiff's own expert described the rise between the concrete steps as being concrete, but that the rise between the last concrete step into the church consisted of some concrete, then brick, and then a wooden threshold, a difference which I believe was open and obvious. Dafford Funeral Home. Discounted packages may also be They have been serving my family for years. How would you describe the ambiance and decor at Dafford Funeral Home? And Plaintiff's own evidence, through the affidavit of his expert, is uncontradicted that this step between the fourth and fifth concrete step was not in violation of the Building Code, as it was uniform with the other steps that Plaintiff had just ascended. He leaves to mourn his passing his life partner Steve, of Brooklyn, New York; his mother, Naomi Wesson of Houston, Texas; father, Juan Wesson (Genee) of Dallas, Texas; father, Larry Pope (Kimberly); siblings, Daja Pope (Riccardo Davis), Joshua Wesson, Andrew Wesson, Courtney Johnson, GeKai Halton, GeKhara Hurt, Portia and Morgan James; nieces, Jace Wesson, Jada Davis, Kazleigh Wesson, Gisele Hurt, McKinney and Karrington Vines; nephews, Londell and Joshua Wesson, Jr., and Timothy and Ethan White; grandmother, Willie Thomas; uncles, Nathaniel Stokes (Cynthia), Joseph Stokes (Elizabeth), and a host of god-siblings including Corey Strickland, Christian Smith, Margaret Walker, Anica Duke, and Shawntele Pringle-Foy; a host of cousins, relatives, and loving friends who will miss him dearly, and his beloved dog, Lily. Visiting Hours will be held on Monday, September 06, 2021, between the hours of 3:00 - 7:00pm, at Cobble Hill Chapels Funeral Home, located at 171 Court Street, Brooklyn New York 11201. Dunn, North Carolina We mourn the life she will no longer have the opportunity to live and the inability to fulfill all of her dreams. Create a funeral plan and price estimate in less than 5 minutes. Dee was predeceased by her parents as well as her siblings Olga, Sonny and Lovey. Plaintiff Milton Draughon, Sr., (Plaintiff) appeals from an order granting summary judgment in favor of Defendant/Third-Party Plaintiff Evening Star Holiness Church of Dunn (the Church) on Plaintiff's negligence claims. on Oct. 11, 2019, 2:31 p.m. Request exact pricing, Have the price list for this funeral home? I further conclude that Plaintiff was contributorily negligent, as a matter of law, as he as he took his final, off-balanced step into the Church building itself. Our beloved Anna Sophia (Sophie) Del Fabro passed away suddenly on November 14, 2021 at her home in Lenexa, KS at the age of 36. 86, 89, 555 S.E.2d 303, 306 (2001)). With heavy hearts, we announce the death of Atward Tyrone Warren (Dunn, North Carolina), who passed away on April 20, 2023. Due to the current pandemic circumstances please note: NO bakery products, food, and fruit baskets. As Plaintiff and a church deacon were speaking, the minister who would be conducting the service approached and asked Plaintiff if he would be willing to help carry the deceased's casket into the sanctuary. As noted by the dissent, the Church points out that Plaintiff testified at his deposition that he tripped on both the top of the fourth step and the brick riser of the top step; he also acknowledged he made contact with the top of the fourth step first. Id. The Church disagrees, asserting that: (1) Plaintiff had equal or superior knowledge of the alleged defect so the Church did not owe him a duty of care; and (2) Plaintiff's contributory negligence caused him to trip. As Director, she imbued the philosophy of multi-culturalism, tolerance & acceptance and published on the topic well before it became a focus in mainstream academia. McGilley & Frye Funeral Home & Cremation Service. As a result, we hold that there exists a genuine issue of material fact as to whether Plaintiff had equal or superior knowledge of the hazard at issue, and summary judgment on this ground was improper. This Ever Loved listing has not been claimed by an employee of the funeral home yet. Some time later, an employee of the funeral home, Third-Party Defendant Dafford Funeral Home, Inc. (Dafford),1 asked Plaintiff to help carry the casket. at 417, 395 S.E.2d at 116. Ray Vaughn leaves to mourn him: wife Vivian Smith; children Addie S. Rabbit Smith, Raejane RaeRae Smith, Ray D. RayRay Smith, Sharon D. Spoony Thorpe, Temiki Chance Bell, Joseph D. Smith, Sirvone Smith, Alicia (Papoose) Harris; grandchildren Rashawn Poppi McNeill, RaeVeonna D. Smith, Braylen Mr. Ray Vaughn Smith, 64, of Bunnlevel, NC, passed away on Thursday, April 20, 2023, at Rex Hospital, Raleigh, NC. Or, visit our funeral home in person at your convenience. Established on May 6, 2009, in the memory of Mrs. Louise Richardson Walker (1924-1999), we are dedicated to her vision to address the needs of others and give back to the surrounding communities. Or, visit our funeral home in person at your convenience. Sav. This is the fee to transport your loved one from the funeral home to funeral events (or between events) in a hearse. For the foregoing reasons, we reverse the trial court's entry of summary judgment for the Church and remand for further proceedings. First, as set forth supra, there exists a genuine issue of material fact as to Plaintiff's knowledge of the hazard at issue.2 Second, as set forth infra, Plaintiff's forecast of the evidence discloses a genuine issue of fact concerning whether the defect was hidden or open and obvious, just as in Lamm. Enter your email below to receive a grief support message from us each day for a year. Amen. This is the fee to purchase printed funeral programs. Nor can we conclude he was contributorily negligent as a matter of law in traversing the stairs side-step with a casket in hand or in relying on three other strong men to assist him where Plaintiff's evidence, taken in the light most favorable to him, demonstrates no additional help was needed to carry the casket. Q:Would it be the front of the concrete you trip on, that step of concrete? Plaintiff argues that because he introduced sufficient evidence demonstrating genuine issues of material fact, his negligence claim should have survived summary judgment. at 343-44, 691 S.E.2d at 95-96. Sign up for service and obituary updates. Loving father of Owen D. Duffy (Nina) and Peter C. Duffy (Meghan). Stay up-to-date with how the law affects your life. Plaintiff reconsidered and agreed to help, as he felt physically capable of assisting and Dafford did not have enough employees on hand to carry the casket into the . As we move forward, Walker Funeral Home & Cremation will proudly strive to maintain and improve our dignified and compassionate service. We must protect the families we serve, our own families and staff who operate the funeral home. The Supreme Court premised its holding on the maxim that [i]f two ways are open to a person to use, one safe and the other dangerous, the choice of the dangerous way, with knowledge of the danger, constitutes contributory negligence. Id. Dafford Funeral Home, Inc. is proud to be a family owned and operated business serving our community This is the fee for the funeral home to come pick up your loved one and bring him/her to the funeral home for preparation. at Cobble Hill Chapels. Authorize the original obituary. Extended family and friends are being received at home of her mother, Rita Clayton, located at 600 Canal Drive, Apt 4A, Dunn, NC. Id. Id. She was accepted into Bryn Mawr College as a freshman but after one year decided to move closer to home and transferred to St. Marys College in South Bend, where she graduated summa cum laude with a degree in Social Work and a minor in Math. 231, 236, 316 S.E.2d 646, 649 (1984) (affirming summary judgment for the defendant and citing Garner, stating that an injured plaintiff behaved negligently by not exercising due care to protect herself when walking down a step of which she had an unobstructed view in broad daylight). Prices are estimates and are only intended to provide directional information. (citations omitted) (emphasis added). Her residency was done at Case Western University in Cleveland in the field of Physical Medicine and Rehabilitation (PM&R), followed by a years fellowship in the specialty area of Spinal Cord Injury. He was 42 years old. Dr. Mathilda A. Catarina (Dee) of River Edge New Jersey passed away on November 19, 2021. The florists near Dafford Funeral Home have a wonderful and diverse number of wreaths, bouquets, and baskets to help exhibit your compassion for the family. 140 N.C. App. I fought the good fight, I have finished the race, I have kept the faith. on May 7, 2021, 3:30 p.m. The Church argues that Plaintiff had equal or superior knowledge of the stairs' condition because he had descended them without issue before later tripping on ascent, noting that this Court has upheld entry of summary judgment on premises liability claims where the plaintiffs had previously avoided or successfully navigated the hazards that later caused injury. at 418, 395 S.E.2d at 116. Family and friends are invited to visit the memorial website in his honor at https://www.mykeeper.com/events/PeterLawrencePope/, where updates on arrangements will be shared. Thank you for visiting our website. In the present case, and as detailed supra, the openness and obviousness of the defect that led to Plaintiff's injury is an issue of fact raised by the evidence; as a result, Kelly's holding is of no import. EVENING STAR HOLINESS CHURCH OF DUNN, Defendant/Third-Party Plaintiff, v. Dafford Funeral Home, Inc., Third-Party Defendant. Counsel for Dafford has not entered an appearance in this appeal, so we limit our discussion of Dafford to the factual and procedural history. The record below indicates the following: Plaintiff attended a funeral at the Church, located at Sampson Avenue in Dunn, North Carolina, on a sunny day in February of 2015. Donald Owen Duffy, age 86 of Brooklyn entered into eternal rest on Thursday, March 23, 2023. The parties dispute whether Plaintiff's evidence discloses a duty owed to him by the Church. Extended family and friends are being received at the home. 339, 691 S.E.2d 92 (2010), in which this Court held a plaintiff was contributorily negligent as a matter of law in failing to avoid an openly and obviously dangerous condition. ] Nor, per his affidavit, did he have a reason to think that four strong adults could not safely carry a casket up a flight of stairs. As for the danger itself, Plaintiff's affidavit states that the defect in the stairs cannot be perceived by the naked eye at a reasonable distance while climbing those stairs or while walking down or up the stairs[,] and he testified at deposition that he didn't recognize the defect at the time he descended the steps. Your question and answer will be displayed publicly on this page. Funeral service McKoy's Chapel Free Will Baptist Church 1986 Old Stage Rd N, Coats, NC 27521 Add an event. their pricing. Dafford Funeral Home 707 E. Edgerton Street Dunn, NC 28334. All Obituaries - Walker Funeral Home & Cremation offers a variety of funeral services, from traditional funerals to competitively priced cremations, serving Lillington, NC and the surrounding communities. Upon her graduation from IU Medical School in 2011, she received the Indiana Society of Physical Medicine and Rehabilitation Award. That is with compassion and understanding. Funeral Home website by, Join our obituary notification email list. The motto says it all. The Church argues that Lamm is inapposite, asserting it: (1) involved a plaintiff with no prior experience with the hazard, and therefore does not concern a plaintiff with equal or superior knowledge; and (2) addresses hidden, and not open and obvious, defects. Judge COLLINS concurs. Send a note, share a story or upload a photo. Issues of contributory negligence, like those of ordinary negligence are rarely appropriate for summary judgment. Deboise McNeill April 28, 2023. Those decisions, therefore, are inapplicable to the situation, presented here, in which a plaintiff introduces evidence showing he was unaware of and unable to discern the hazardous condition despite prior exposure. Taken in the light most favorable to him, this evidence creates a disputed issue of material fact concerning whether the defect was hidden or open and obvious. Please utilize our website to find additional information about our caring staff, services, and resources to help you in your time of need, or contact us at 1-910-483-7111. We believe in treating your family like our own to ensure your comfort and ease during this difficult time. more directly from independent sellers at great prices. Our support in your time of need does not end after the funeral services. & Loan Ass'n v. Branch Banking & Trust Co., 282 N.C. 44, 51, 191 S.E.2d 683, 688 (1972) (citation omitted). Burial vault. A first memorial was held on Saturday, July 10, 2021 at Fresh Oil Point Church, Balch Springs, Texas. their pricing. He was also a talented singer and performer it was not uncommon to spot him performing his favorite showtunes at piano bars Dont Tell Mama and the (now shuttered) Roses Turn in the West Village of Manhattan. The location in Angier, NC was established in 1974 in a renovated store on Highway #55 East and Church Street and was known as Dafford Memorial Chapel. Reviewing the evidence and applicable law, we agree with Plaintiff and reverse the trial court. It is a time to share memories, receive condolences and say goodbye. 1. Dafford Funeral Home, Inc. was founded on August 11, 1946 in a renovated home located on East Cumberland Street in Dunn, NC. For floral arrangements, please contact James Weir Florist at 718-624-0270. Due to the COVID-19 Pandemic, we are taking preventative measures and actions to protect our staff, employees, and the public. And the evidence shows that it was daytime when he fell. Upcoming services provided by Dafford Funeral Home. You available. Forever In Our Hearts Eternal rest grant unto him, O Lord, and let perpetual light shine upon him. All Rights Reserved. If you have recently lost . We offer personalized, professional, friendly and thoughtful service within the means of all. She loved to cook for her family and crochet blankets for all her grandchildren and great grandchildren. 19, 1955 ~ Nov. 13, 2013. Reviewed on Google These arguments are misplaced. To leave condolences, please visit www.mcgilley-frye.com. She always sacrificed her needs for the good of her family. Extended family and friends are being received at the home of his sister, Ms. Andriea Russell- Charleswell , 54, of Panama City, FL, formerly of Harnett County passed on Friday, April 21, 2023 CANDLE HAS BEEN LIT CANDLES HAVE BEEN LIT, We are reviewing your submission. 428, 430, 562 S.E.2d 602, 604 (2002) (citing Barber v. Presbyterian Hosp., 147 N.C. App. Sophia is survived by her husband, Charles (Chuck) Skluzacek in Lenexa, KS; Father, Kim Del Fabro (KD) (sp: Linda) in Carmel, IN; Mother, Mary (Macey) Fink (sp: David) in Butler, IN; Grandmother, Patricia Del Fabro in Bradenton, FL; Stepsister, Brenda Fernandes in McCordsville, IN; Stepbrother, Brandon Leum (sp: Sheri) in Carmel, IN; and many aunts, uncles, nieces, nephews, and cousins. Prepare a personalized obituary for someone you loved.. Echovita offers a solidarity program that gives back the funds generated to families. Domestic Shipping. Specifically, the evidence conclusively establishes that Plaintiff began his fall when he tripped over a step which was properly constructed. Yet, for those who have recently experienced the death of a family member or friend, an obituary means so much more. A completely new, full-service facility was built in 2002 and is located at 50 Tippet Road in Angier, NC. at 414, 395 S.E.2d at 114. She gave everyone their flowers. The picture of the steps in the record shows obvious differences between the other step rises and the rise leading into the building, such as the rise into the building consisting of some concrete, then mostly dark red brick, and then a white threshold, whereas the other rises were uniformly gray concrete. Funeral Home website by, Join our obituary notification email list. Reposing Sunday, March 26 from 2 to 4 PM and 7 to 9 PM at Cobble Hill Chapels, 171 Court Street (corner of Dean Street), Brooklyn, NY. James is survived by his estranged wife, Carolyn Sue Pegues, three Mrs. Tawyn Monroe Chance, 58, of 340 Saddle Lane, Lillington, NC, passed away on Friday, March 31, 2023, at Wake Med Hospital, Raleigh, NC. View obituary. Send Flowers. He remained active as an alumnus, working on reunion planning, class correspondence, and as a class officer. actual pricing. Funeral Directors The Church moved for summary judgment on Plaintiff's claims. She went on to the Indiana University School of Medicine in South Bend and Indianapolis and graduated in May 2011. She was thrilled with her new position, enjoyed her co-workers and patients, and foresaw a life-long career with KUMC. The location in Dunn, NC was remodeled in both 1972 and 1992 with emphasis placed on comfort for families and accessibility for all clients and visitors. All Rights Reserved. Peter began his career in New York City, where he worked as a television producer at the Oxygen Channel and later, a legal assistant. In Memory Of Anna "Sophie" Sophia Del Fabro. They are always courteous and extremely professional. McGilley & Frye Funeral Home & Cremation Service. View All Obituaries | Join Obituary Email List. Cremation to immediately follow at Green-Wood Cemetery, Brooklyn on Monday. at 414-15, 395 S.E.2d at 114. It is with great sorrow we announce the passing of Mary Rauso. Why did you originally choose to work with Dafford Funeral Home? He was also cherished by nieces, nephews, relatives and friends. Ms. Andriea's memories will live on and will be cherished by her father Ms.Tiffany LaTrice Clayton, 40, of Bunnlevel, NC, passed away on Friday, April 21, 2023, at High Smith Rainey Hospital, Fayetteville, NC. Due to the current Pandemic a strict 50 person in room policy is in effect. Please read the information and instructions below and these actions will remain in place until further notice: 1. their pricing. She was perfectly suited to her career path. The Church first sites Kelly v. Regency Centers Corp., 203 N.C. App. As such "Serving the Needs of All People, One Family at a Time". This is the fee for the basic organizational services that the funeral home will provide. However, the rise between the fifth concrete step and the interior of the Church building, composed of mostly red brick (part of the Church building) and a white-painted, wooden threshold, is over 10.5 inches. 3. In lieu of flowers, the family requests donations be made to: Arline Baker's passing has been publicly announced by Dafford Funeral Home of Angier in Angier, NC. If you are thinking about sending funeral flowers to a family who has a loved one here}, you can send out funeral blossoms to Dafford Funeral Home now. Wiseman Mortuary offers a wide range of services to honor your wishes, traditions and customs to include: PreplanningFuneral CeremonyMilitary ServicesGraveside CeremonyFuneral Service followed by cremationMemorial ServiceDirect CremationLife InsuranceDomestic Shipping. at 104, 479 S.E.2d at 261 (citations omitted). Contact us. A Celebration of Life in Sophias honor will be held at The Columbia Club in Indianapolis on February 20, 2022. Devoted older brother of the late John Jack Duffy, the late James Duffy, the late Marianne (Duffy) McSharry, the late Daniel Duffy, and the late Thomas Duffy. Following a hearing, the trial court granted the Church's summary judgment motion on the grounds that Plaintiff had equal or superior knowledge of the open and obvious hazard and failed to exercise due care in navigating the steps. This is a common price to purchase funeral flowers. So we cannot conclude that, as a matter of law, Plaintiff was contributorily negligent in electing to utilize the apparently safe stairs rather than taking the casket up the adjacent ramp. He went on to receive his bachelors degree in Religious Studies on academic scholarship at Vassar College in Poughkeepsie, New York, where he took on many leadership roles including within Jewett House, the Queer Coalition of Vassar College (QCVC), and the Class of 2000. Born in Paterson, New Jersey in 1979, Peter grew up in Richardson, Texas, graduating from Richardson High School in 1996. Funeral Home website by, Panama City, FL; formerly of Harnett County. Plaintiff followed the Dafford employee out of the sanctuary through a door facing U.S. Route 421, different than the door Plaintiff had entered earlier, and descended a set of concrete and brick stairs. MASKS ARE STRONGLY RECOMMENDED. Brooklyn, New York, https://give.ndss.org/give/60261/#!/donation/checkout, https://boxcast.tv/view/mass-of-christian-burial-for-mary-rauso-257851, https://www.mykeeper.com/events/PeterLawrencePope/, SAGE (Services & Advocacy for LGBT Elders) USA. Sophia is also survived by many aunts, uncles, nieces, nephews and cousins. 647, 650, 338 S.E.2d 129 (1986) (citation omitted). Deboise McNeill's passing on Friday, April 28, 2023 has been publicly announced by Dafford Funeral Home in Dunn, NC. As North America's largest provider of funeral, cremation and cemetery services, Dignity Memorial. May his soul and all the souls of the faithful departed, through the mercy of God, rest in peace. The funeral business has been passed down through three generations of the Dafford Family. We encourage you to contact the funeral home to verify time and location before attending services or visitation. You are welcome to call us at any time of the day, any day of the week, for immediate assistance. Fina is survived by her four children, Tammy, Nelly, Victor and Albert, 10 grandchildren and 13 great grandchildren. The funeral service is an important point of closure for those who have suffered a recent loss, often marking just the beginning of collective mourning. At Hufford Family Funeral Home we understand that each person had a special and unique purpose in this world, and each person has their own life story. She found time to participate in the local Greyhound Adoption Center in Cleveland, was an exceptional pianist, a sports enthusiast, an advocate for LGBTQ+ rights, and her favorite thing was being home with her husband and dogs. This is generally required if you would like to hold the service at the funeral home or if you will be needing any assistance from the staff for the service. We very much appreciate your feedback. Viewing was held on Wednesday, April 26th 2023 from 1:00 PM to 6:00 PM at the Dafford Funeral Home Chapel - Dunn (707 E Edgerton St, Dunn, NC 28334). He was loved and cherished by many people including : his friends, Bobby and Brenda Armstrong; his wife Antoinette Warren; his sons, Tyrone Warren (Shameca) and Timothy Warren (Jackie) of Fayetteville, NC; his grandsons, Tyrone Alexander Warren and Tahj Warren (Kamerin); his siblings, Gladys Solomon (Donald) of Fayetteville, NC, Karen Turnaye (Melvin) of Wilmington, NC, Dorothy Autry (Arthur), Brenda Armstrong (Bobby) of Wade, NC, Lela Warren and Samuel Warren of Fayetteville, NC; and his sister-in-law Patricia Williams of Fayetteville, NC. See, e.g., Smith v. Fiber Controls Corp., 300 N.C. 669, 673, 268 S.E.2d 504, 507 (1980) (noting a plaintiff may be contributorily negligent if his conduct ignores unreasonable risks or dangers which would have been apparent to a prudent person exercising ordinary care for his own safety (citation omitted)). Mrs. Louise Richardson Walker (1924~1999) Mrs. Pamela "Sheila" Walker James is survived by his estranged wife, Carolyn Sue Pegues, three sons; Clifton ( Hedi) Pegues, Barnabus Lee Pegues and Christopher Bryan Pegues, daughter; Eldress Jennifer Pegues Marks, two sisters; Sarah Pegues Franklin and Lucinda (Dion) Blue, nine grandchildren, aunt; Bertha Mae Durrett, and a host of other nieces, nephews, cousins, relatives and many Mr. James Curtis Pegues, 69, of Dunn, NC, passed away on Saturday, April 8, 2023 at Cape Fear Valley Hospital, Fayetteville, NC. Dafford Funeral Home 707 E Edgerton St, Dunn, NC (910) 892-6061 Send flowers. Id. Obituaries. $1,800. Bolick, 150 N.C. App. It is our honor and privilege to serve you. on May 3, 2013, 8:04 a.m. (910) 892-6061. For over 40 years, Wiseman Mortuary has served and helped families in the Fayetteville and surrounding communities, celebrate and honor the life of loved ones in a special way. We must construe the evidence introduced at summary judgment in the light most favorable to the non-moving party and with the benefit of all reasonable inferences. Jenkins v. Lake Montonia Club, Inc., 125 N.C. App. He was preceded in death by his wife, Alicia and his daughters Lissette, Annie, his son Dennis and his granddaughter Angelika. Sophia Del Fabro, M.D. Add pricing info, Indicates national average for this service. When she was diagnosed with bladder cancer several months ago until her passing into heaven she did not cry, get mad or go into depression. Funeral arrangement under the care ofDafford Funeral Home, Dafford Funeral Home Chapel - Dunn 707 E Edgerton St, Dunn, NC 28334, Warren Chapel F.W.B. The combination of the slope and the variation of the height cannot be said as a matter of law to be an open and obvious defect of which plaintiff should have been aware. Copyright 2023, Thomson Reuters. Leamon Big Guyleaves to mourn one son; Brandon Smith, three brothers; Ray V. Smith (Vivian), Joe S. Smith and Andrew E. Smith (Lashonda), father; Devone Smith, aunts; Agnes Blue of Raleigh NC, Bertha Charlotte (Blue) Smith, of Cameron NC, Grace (Blue) Mr. Leamon "Big Guy" Smith, 63, of 325 Tomato Lane, Bunnlevel, NC passed away on Friday, March 31, 2023, at Betsey Johnson Hospital, Dunn NC. Ralph was known to many as "Pop". Extended family and friends are being received at home of Mr. Ray Vaughn Smith, 64, of Bunnlevel, NC, passed away on Thursday, April 20, 2023, at Rex Hospital, Raleigh, NC. In Lamm, the defendants attempted a similar argument, contend[ing] that plaintiff's forecast of evidence shows only that the sloping of the asphalt ramp and not the riser height was the cause of her accident, and therefore the accident was caused by an open and obvious condition of which defendants had no duty to warn plaintiff. Lamm, 327 N.C. at 417, 395 S.E.2d at 115-16.

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