THOMAS A.E. DAVIS, JR., Administrator of the Estate of LISA MARY DAVIS v. HULSING ENTERPRISES, LLC; HULSING HOTELS NC MANAGEMENT COMPANY; HULSING HOTELS NORTH CAROLINA, INC.; HULSING HOTELS, INC. d/b/a CROWNE PLAZA TENNIS & GOLF RESORT ASHEVILLE and MULLIGAN'S, 370 N.C. 455

Summary

HOLDINGS: [1]-A trial court properly granted the hotel owners' motion to dismiss the husband's wrongful death claim where the decedent's consumption of alcohol and the owners' actions in serving the decedent rose to the same level of negligence, the decedent's resulting contributory negligence thereby barred the husband's common law dram shop claim; [2]-The Court of Appeals' decision to the contrary was reversed.