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DAVIS v. NORTH CAROLINA DEPT. HUMAN RES.

No. COA95-190.

465 S.E.2d 2 (1995)

Harold DAVIS, Administrator of the Estate of Phillip Davis, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, Defendant.

Court of Appeals of North Carolina.

December 19, 1995.

Attorney(s) appearing for the Case

Duke & Brown, by John E. Duke, and Jonathan S. Williams, Goldsboro, for plaintiff-appellee.

Attorney General Michael F. Easley, by Assistant Attorney General William H. Borden, Raleigh, for defendant-appellant North Carolina Department of Human Resources.

GREENE, Judge.

The North Carolina Department of Human Resources (defendant) appeals a Decision and Order of the North Carolina Industrial Commission (Commission), awarding Harold Davis (plaintiff), as administrator of the estate of Phillip Davis (Davis), damages for injuries occurring when Dondiago Rivers (Rivers) was released from Cherry Hospital where he had been involuntarily committed, and subsequently killed Davis.

Rivers had been committed to state mental...

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