Citation Codes Equivalent Citations citation codes Docket Number No. 51 Attorney(S) Boyan Nix, by Clarence C. Boyan Kathleen E. Nix, Attorneys for plaintiff Smith, Moore, Smith, Schell Hunter, by Stephen P. Millikin Jeri L. Whitfield, Attorneys for defendant Judges PER CURIAM. See more information ... Smart Summary Case Summary: Bernice M. Jones, Administratrix v. Thomas Glenn Allred, et al. Factual and Procedural Background This appeal arises from a decision of a divided panel of the North Carolina Court of Appeals which reversed the entry of a directed verdict that had been entered for the defendants at the close of all the evidence by Judge Lupton at the 7 April 1980 Session of Randolph County Superior Court. The matter was brought to the Supreme Court of North Carolina pursuant to G.S. 7A-30(2). The Court of Appeals' opinion is reported at 52 N.C. App. 38, 278 S.E.2d 521 (1981) and was authored by Judge Wells, with Judge Vaughn concurring and Judge Clark dissenting. The Supreme Court filed its opinion on 3 November 1981. Counsel of record in the Supreme Court: Boyan and Nix (Clarence C. Boyan and Kathleen E. Nix) for the plaintiff appellee; Smith, Moore, Smith, Schell Hunter (Stephen P. Millikin and Jeri L. Whitfield) for the defendant appellants. Legal Issues Presented The opinion addresses a procedural matter and does not frame distinct legal issues. Arguments of the Parties The opinion does not contain a detailed account of the parties' legal arguments. Table of Precedents Cited Precedent Rule or Principle Cited For Application by the Court Court of Appeals opinion, 52 N.C. App. 38, 278 S.E.2d 521 (1981) Not specified in this Supreme Court opinion; the Supreme Court states that the facts and reasoning are fully set out in that opinion. The Supreme Court affirmed the Court of Appeals' decision for the reasons given in that Court of Appeals' opinion. Court's Reasoning and Analysis The Supreme Court's per curiam opinion is concise. The Court expressly adopts the factual recitation and reasoning set forth in the Court of Appeals' opinion, stating: "The facts are fully and accurately set out in the Court of Appeals' opinion." The Supreme Court provides no independent, substantive analysis in this opinion; instead it affirms the decision of the Court of Appeals on the basis of the reasons stated in that lower appellate opinion. Holding and Implications Affirmed. Holding: The Supreme Court of North Carolina affirmed the decision of the Court of Appeals which had reversed the directed verdict entered for the defendants at the trial court. Implications: The direct effect is that the Court of Appeals' reversal stands (i.e., the directed verdict in favor of the defendants was reversed as set forth in the Court of Appeals' opinion). The Supreme Court's brief per curiam affirmance does not articulate new legal principles or a broader rationale beyond adopting the Court of Appeals' reasoning; the opinion does not purport to establish new precedent beyond affirming the disposition reached below. Show full summary ... BERNICE M. JONES, ADMINISTRATRIX OF THE ESTATE OF BEVERLY A. JONES, DECEASED v. THOMAS GLENN ALLRED, RICHARD ALLEN HUBBARD, AND TONI C. KINSEY PER CURIAM. The facts are fully and accurately set out in the Court of Appeals' opinion. For the reasons given in that opinion the decision of the Court of Appeals is Affirmed.