KEPHART BY TUTWILER v. PENDERGRAPH

No. COA97-823.

507 S.E.2d 915 (1998)

Michael Edward KEPHART, by his Guardian Ad Litem, Dolly TUTWILER, Plaintiffs, v. James PENDERGRAPH, Sheriff of Mecklenburg County, the County of Mecklenburg, and Peerless Insurance Co., Defendants.

Court of Appeals of North Carolina.

December 15, 1998.


Attorney(s) appearing for the Case

McNeely, Hefferon and Hefferon, by Paul Hefferon and Thomas J. Hefferon, Charlotte, for plaintiffs-appellees.

Womble Carlyle Sandridge & Rice, by G. Michael Barnhill and W. Clark Goodman, Charlotte, for defendants-appellants.


JOHN, Judge.

Defendants appeal the trial court's denial of their motion for summary judgment grounded exclusively upon the defense of sovereign immunity. For the reasons set forth herein, we affirm the order of the trial court.

Detailed exposition of the factual background is unnecessary to determination of this appeal. In brief, plaintiff Michael Edward Kephart was arrested 17 April 1995 for violation of probation and taken to the Mecklenburg County Intake...

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