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WHITAKER v. CLARK

No. 9222SC68.

427 S.E.2d 142 (1993)

109 N.C. App. 379

Ginger York WHITAKER, Administratrix of the Estate of Jonathan Wesley Whitaker, Plaintiff, v. Jim CLARK, Karen Smith and Judi Casterline, Defendants.

Court of Appeals of North Carolina.

March 16, 1993.

Attorney(s) appearing for the Case

Hall, Vogler & Fleming by E. Edward Vogler, Jr., and Beverly S. Murphy, Mocksville, for plaintiff-appellee.

Womble Carlyle Sandridge & Rice by Allan R. Gitter, Thomas M. Van Camp, and J. Daniel McNatt, Winston-Salem, for defendants-appellants.

COZORT, Judge.

Plaintiff filed a wrongful death action against defendants to recover damages for the death of her son. Defendants are employees of the Davie County Department of Social Services (DSS). In their answer defendants asserted the defense of governmental immunity. Defendants then filed a motion for judgment on the pleadings, which was denied by the trial court. Defendants appeal. We find the plaintiff's complaint contained allegations pertaining only to...

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