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MEYER v. WALLS

No. 271PA96.

489 S.E.2d 880 (1997)

Patricia M. MEYER, Administratrix for the Estate of Clearman I. Frisbee, v. Jo Ann WALLS, individually and in her Official Capacity as License Holder and Administrator of Community Care of Haywood, No. 3; George Andrew Brown, III, individually and as George Andrew Brown d/b/a A & B Excavating, Inc.; A & B Excavating, Inc.; County of Buncombe, Buncombe County Department of Social Services; Calvin E. Underwood, Jr., Individually and in his Official Capacity as Director of the Buncombe County Department of Social Services; Kay Barrow, Individually and in her Official Capacity as Supervisor at the Buncombe County Department of Social Services; Mackey Miller, Individually, and in his Official Capacity as a Social Worker at the Buncombe County Department of Social Services.

Supreme Court of North Carolina.

September 5, 1997.

Attorney(s) appearing for the Case

Hyler & Lopez, PA by George B. Hyler, Jr., and Robert J. Lopez, Asheville, for plaintiff-appellee.

Charlotte A. Wade, Asheville, for defendant-appellants Buncombe County DSS, Underwood, Miller, and Barrow.

Michael F. Easley, Attorney General by D. Sigsbee Miller, Assistant Attorney General, for the State, amicus curiae.

James B. Blackburn and Womble, Carlyle, Sandridge & Rice, P.L.L.C. by Robert H. Sasser, III, Raleigh, on behalf of The North Carolina Association of County Commissioners, amicus curiae.

ORR, Justice.

On 9 February 1992, decedent Clearman I. Frisbee committed suicide by placing an explosive blasting cap in his mouth and detonating it with a battery. More than two years prior to Mr. Frisbee's death, the Buncombe County Department of Social Services ("DSS" or "Buncombe County DSS") petitioned the Buncombe County Clerk of Superior Court to declare Mr. Frisbee legally incompetent because his multiple medical...

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