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CLARK v. RED BIRD CAB CO.

No. 9215SC1294.

442 S.E.2d 75 (1994)

114 N.C. App. 400

James W. CLARK, Administrator of the Estate of Kathy Clark Fogleman, Deceased, Plaintiff, v. The RED BIRD CAB COMPANY (RED BIRD CAB, INC.), a corporation; Leonard Warner; The City of Burlington, a municipal corporation; Richard Hall; and Raymond Shelton, Defendants.

Court of Appeals of North Carolina.

April 19, 1994.

Attorney(s) appearing for the Case

Robert S. Cahoon, Greensboro, for plaintiff-appellant.

Michael B. Brough & Associates by Michael B. Brough and Jan S. Simmons, Chapel Hill, for City of Burlington, Richard Hall and Raymond Shelton, defendant-appellees.

COZORT, Judge.

Plaintiff appeals the trial court's dismissal, based on the public duty doctrine, of his complaint against defendants City of Burlington and two police officers. The complaint alleged that defendants were negligent by failing to properly investigate the credentials of an applicant for a permit to operate a taxicab. Plaintiff contends the defendants' negligence was the proximate cause of his daughter's murder by a taxicab driver, who had previously been...

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