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ESTATE OF FENNELL v. STEPHENSON

No. COA99-538.

528 S.E.2d 911 (2000)

The ESTATE OF Kenneth B. FENNELL, by and through its Administrator, Annie B. FENNELL, and Annie B. Fennell, Plaintiffs, v. Richard L. STEPHENSON, in his personal and official capacity; The North Carolina State Highway Patrol; and Other Unknown North Carolina State Highway Patrol Employees in their personal and official capacities, Defendants.

Court of Appeals of North Carolina.

April 18, 2000.

Attorney(s) appearing for the Case

McSurely & Osment, by Alan McSurely and Ashley Osment, Chapel Hill, for plaintiff-appellants.

Attorney General Michael F. Easley, by Special Deputy Attorney General Isaac T. Avery, III and Assistant Attorney General Reuben F. Young, for defendant-appellees.

GREENE, Judge.

The Estate of Kenneth B. Fennell, by and through its administrator, Annie B. Fennell, and Annie B. Fennell (collectively, Plaintiffs) appeal an order filed 15 February 1999 granting a motion by Richard L. Stephenson, in his personal and official capacity (Defendant), to dismiss Plaintiffs' claims against Defendant, and an order filed 15 February 1999 granting a motion by the North Carolina State Highway Patrol...

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