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DOERNER BY PRICE v. CITY OF ASHEVILLE

No. 8728SC992.

367 S.E.2d 356 (1988)

Wyand F. DOERNER, III, By and Through his Guardian, Doris PRICE v. CITY OF ASHEVILLE, Officer Beverly Lee, Sergeant Herbert J. Watts, and Robert Overman.

Court of Appeals of North Carolina.

May 3, 1988.

Attorney(s) appearing for the Case

McLean & Dickson by Russell L. McLean, III, Waynesville, for plaintiff-appellant.

Roberts Stevens & Cogburn by Frank P. Graham and Glenn S. Gentry, Asheville, for defendants-appellees City of Asheville, Officer Beverly Lee and Sergeant Herbert J. Watts.

EAGLES, Judge.

The issue before us is whether the trial court erred in granting summary judgment for the defendants. After careful examination of the record, we affirm the trial court's order.

In ruling on a motion for summary judgment, the trial court must consider the evidence in the light most favorable to the non-movant. Caldwell v. Deese, 288 N.C. 375, 218 S.E.2d 379 (1975). All...

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