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McCARN v. BEACH

No. COA97-582.

496 S.E.2d 402 (1998)

Hilda McCARN, Individually, and as Administratrix of the Estate of Terry McCarn, Deceased, and Jack McCarn, Plaintiffs, v. Ken BEACH, Chief of the Gaston County Police Department; Tommy Fuller and Douglas Ivey, Individually, and in their Official Capacities as Members of the Gaston County Police Emergency Response Team, and Gaston County, a North Carolina Municipality, Defendants.

Court of Appeals of North Carolina.

January 20, 1998.

Attorney(s) appearing for the Case

DeVore & Acton, P.A. by Fred W. DeVore, III, Charlotte, for plaintiff-appellees.

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

SMITH, Judge.

On the morning of 10 July 1993, decedent Terry McCarn ("Terry") and his father Jack McCarn ("Jack") were visiting the home of Terry's brother Mike McCarn ("Mike"). Terry, a 47-year-old functioning at an IQ of 62, lived with his parents. Terry's brother Mike lived in a house approximately 150 yards away from the parents.

That morning, Terry became upset because his brother and father were doing some plumbing repairs without him. Terry demanded...

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