Kingsley v. Brenda and Gene Lummus Inc et al

Filing 61

JUDGMENT in favor of Brenda and Gene Lummus, Inc., Gene Lummus Harley Davidson, Inc., TRL Motor Sports, LLC f/k/a Ghost Town Harley Davidson against Jessica Kingsley. Signed by District Judge Martin Reidinger on 5/25/2012. (rap)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv32

JESSICA KINGSLEY, Personal
Representative of the Estate of
Julie L. Smith, a/k/a Julie Lynn
Kingsley Smith,

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Plaintiff,
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vs.
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BRENDA AND GENE LUMMUS, INC., )
d/b/a Ghost Town Harley Davidson, )
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Defendant.
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JUDGMENT
THIS MATTER came on for trial and was heard by the undersigned
judge, and a jury was duly empaneled and has answered the issues
presented as follows:
1.

Was the death of Julie L. Smith proximately caused by the
negligence of the Defendant?
ANSWER: NO

2.

What amount of damages, if any, is the Plaintiff entitled to
recover from the Defendant?
ANSWER: N/A

Based on the foregoing facts as found by the jury, the Court concludes
as a matter of law that the Defendant Brenda and Gene Lummus, Inc. Is not
liable for the death of the Plaintiff’s decedent.
IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that the
Plaintiff shall recover nothing from the Defendant in the form of damages.
IT IS FURTHER ORDERED ADJUDGED AND DECREED that this
action is hereby DISMISSED WITH PREJUDICE in its entirety, and the
Defendant shall recover its costs of the action from the Plaintiff.
Signed: May 25, 2012

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