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CITY OF GREENVILLE v. HAYWOOD

No. COA97-646.

502 S.E.2d 430 (1998)

CITY OF GREENVILLE and National Casualty Company, Plaintiffs-Appellants, v. Connie Lorraine Smith HAYWOOD, Defendant-Appellee, and Donald Wade Foster, Defendant.

Court of Appeals of North Carolina.

July 21, 1998.

Attorney(s) appearing for the Case

Ward and Smith, P.A. by Kenneth R. Wooten and R. Stephen Camp, New Bern, for plaintiffs-appellants.

James G. Billings, Raleigh, for defendant-appellee Connie Lorraine Smith Haywood.

TIMMONS-GOODSON, Judge.

This declaratory judgment action arises out of a sexual assault upon defendant Connie Lorraine Smith Haywood by an employee of plaintiff City of Greenville, North Carolina (hereinafter "City"). On 29 August 1993, Ms. Haywood was sexually assaulted when defendant Donald Wade Foster, a City police officer, was dispatched to her apartment to investigate a break-in. After conducting a partial investigation...

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