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Tort/Negligence – Personal Injury – Negligence Per Se – Regulatory Violations – Proximate Cause – Public Utilities – Utility Pole – Near Highway (access required)

Mosteller v. Duke Energy Corp. Plaintiff was a passenger in a vehicle that ran off the road and struck a utility pole inside the highway right-of-way, leaving plaintiff a quadriplegic. The defendant-power company allegedly violated N.C. Department of Transportation regulations by failing to apply for a permit for its placement of the pole; however, plaintiff's complaint fails because she does not allege that the DOT would have denied such an application had it been filed. We affirm the trial court's order granting defendant Duke Energy Corp.'s motion to dismiss.

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