{
  "id": 8527873,
  "name": "ALICE MUMFORD, Administratrix of the Estate of MITTIE MUMFORD, Plaintiff-Appellant v. MICHAEL COLOMBO, Administrator of the Estate of KARSON LEE CONGER, Deceased; MILITARY DISTRIBUTORS OF VIRGINIA, INC. and THOMAS BUILT BUSES, INC., Defendants-Appellees",
  "name_abbreviation": "Mumford v. Colombo",
  "decision_date": "1989-03-07",
  "docket_number": "No. 878SC1264",
  "first_page": "109",
  "last_page": "110",
  "citations": [
    {
      "type": "official",
      "cite": "93 N.C. App. 109"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "377 S.E. 2d 249",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1989,
      "opinion_index": 0
    },
    {
      "cite": "93 N.C. App. 92",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8527864
      ],
      "year": 1989,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/93/0092-01"
      ]
    }
  ],
  "analysis": {
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    "sha256": "7d32b1ed0f2454c72fa38a74b0b3a40a692d2f66832930dba1adfe688ca06442",
    "simhash": "1:887bc7b2ef2d8ce3",
    "word_count": 642
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  "last_updated": "2023-07-14T17:06:43.799233+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judge GREENE concurs in the result.",
      "Judge ARNOLD dissents."
    ],
    "parties": [
      "ALICE MUMFORD, Administratrix of the Estate of MITTIE MUMFORD, Plaintiff-Appellant v. MICHAEL COLOMBO, Administrator of the Estate of KARSON LEE CONGER, Deceased; MILITARY DISTRIBUTORS OF VIRGINIA, INC. and THOMAS BUILT BUSES, INC., Defendants-Appellees"
    ],
    "opinions": [
      {
        "text": "ORR, Judge.\nFor the reasons set forth in Warren v. Colombo, 93 N.C. App. 92, 377 S.E. 2d 249 (1989), we hold that plaintiff\u2019s complaint sufficiently states a cause of action against defendant for enhanced injuries due to negligent design and manufacture of the school bus. Further, the trial court did not err in dismissing the complaint for failure to state a claim for which relief can be granted for strict liability and punitive damages. Accordingly, we reverse and remand solely on the issue of enhanced injuries.\nReversed in part, affirmed in part.\nJudge GREENE concurs in the result.\nJudge ARNOLD dissents.",
        "type": "majority",
        "author": "ORR, Judge."
      }
    ],
    "attorneys": [
      "Taft, Taft & Haigler, by Thomas F. Taft, Kenneth E. Haigler, Robert H. Hochuli, Jr. and James M. Stanley, Jr., for plaintiff-appellant.",
      "Sumrell, Sugg, Carmichael & Ashton, by James R. Sugg and Rudolph A. Ashton, III, for defendant-appellee Thomas Built Buses, Inc."
    ],
    "corrections": "",
    "head_matter": "ALICE MUMFORD, Administratrix of the Estate of MITTIE MUMFORD, Plaintiff-Appellant v. MICHAEL COLOMBO, Administrator of the Estate of KARSON LEE CONGER, Deceased; MILITARY DISTRIBUTORS OF VIRGINIA, INC. and THOMAS BUILT BUSES, INC., Defendants-Appellees\nNo. 878SC1264\n(Filed 7 March 1989)\nSales \u00a7 22; Negligence \u00a7 22\u2014 enhanced injury liability \u2014 negligent design and manufacture of school bus \u2014 sufficiency of complaint\nPlaintiffs complaint was sufficient to state a claim against defendant school bus manufacturer for enhanced injuries due to negligent design and manufacture of a school bus.\nAPPEAL by plaintiff from Llewellyn (James DJ, Judge. Order entered 29 September 1987 in Superior Court, GREENE County. Heard in the Court of Appeals 11 May 1988.\nThis appeal arises out of the 31 May 1985 school bus accident near Snow Hill, North Carolina, in which six children were killed and numerous others injured. The accident occurred when a tractor-trailer truck driven by Karson Lee Conger (deceased) crossed the center line of the highway and collided with a school bus. Plaintiff is the administratrix of the estate of Mittie Mumford, one of the young children killed. Defendants are Colombo, administrator of the estate of Karson Lee Conger; Military Distributors of Virginia, Inc., owners of the truck Conger was driving; and Thomas Built Buses, Inc., manufacturers of the school bus.\nOn 26 August 1985, plaintiff filed an amended complaint alleging seven causes of action. The first and second claims allege negligence by Conger and Military Distributors of Virginia, Inc.; the third claim seeks punitive damages against the administrator of Conger\u2019s estate and Military Distributors of Virginia, Inc.; the fourth claim alleges negligence by defendant Thomas Built Buses, Inc. (Thomas Built) proximately caused pain, suffering and wrongful death; the fifth claim alleges that defendant Thomas Built negligently designed and manufactured the bus which proximately caused or enhanced the injuries; the sixth claim alleges strict liability of defendant Thomas Built; and the seventh claim alleges breach of implied warranty by defendant Thomas Built.\nTwo defendants petitioned for removal of the case to the United States District Court for the Eastern District of North Carolina. On 8 November 1985, defendant Thomas Built filed its answer and moved to dismiss the amended complaint under the Federal Rules of Civil Procedure, Rule 12(b)(6) for failure to state a claim upon which relief could be granted. The case was remanded to Greene County Superior Court on 20 February 1986.\nOn 29 September 1987, Judge Llewellyn entered an order dismissing three of plaintiff\u2019s claims under G.S. 1A-1, Rule 12(b)(6) for failure to state a claim upon which relief can be granted. The three claims dismissed are those against defendant Thomas Built for negligent design and manufacture of the bus which enhanced plaintiff\u2019s injuries; for strict liability of defendant Thomas Built; and for punitive damages against defendant Thomas Built. The remaining claims including plaintiff\u2019s claim against Thomas Built for negligence and implied warranty proximately causing the accident were denied and are not before us on appeal.\nFrom this order, plaintiff appeals.\nTaft, Taft & Haigler, by Thomas F. Taft, Kenneth E. Haigler, Robert H. Hochuli, Jr. and James M. Stanley, Jr., for plaintiff-appellant.\nSumrell, Sugg, Carmichael & Ashton, by James R. Sugg and Rudolph A. Ashton, III, for defendant-appellee Thomas Built Buses, Inc."
  },
  "file_name": "0109-01",
  "first_page_order": 139,
  "last_page_order": 140
}