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BRASWELL v. BRASWELL

No. 883SC463.

390 S.E.2d 752 (1990)

98 N.C. App. 231

Michael Keith BRASWELL, Administrator of the Estate of Lillie Stancil Braswell, Deceased, Plaintiff, v. Billy R. BRASWELL and Ralph L. Tyson, Sheriff of Pitt County, Defendants.

Court of Appeals of North Carolina.

May 1, 1990.

Attorney(s) appearing for the Case

Marvin Blount, Jr. and Joseph T. Edwards, for plaintiff appellant.

Womble Carlyle Sandridge & Rice by Richard T. Rice and J. Daniel McNatt, for defendants-appellees Ralph L. Tyson.

PHILLIPS, Judge.

The claim based upon respondeat superior having been eliminated from the case, the determinative question presented by this appeal is whether plaintiff's evidence tends to show that some independent negligence of defendant Sheriff proximately contributed to plaintiff's intestate being killed by Deputy Braswell. Plaintiff contends that the evidence tends to show defendant's negligence in three respects, the first of which was failing to protect...

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